Introductory tenancy—obtaining possession
Produced in partnership with Morayo Fagborun Bennett of Hardwicke
Introductory tenancy—obtaining possession

The following Local Government guidance note Produced in partnership with Morayo Fagborun Bennett of Hardwicke provides comprehensive and up to date legal information covering:

  • Introductory tenancy—obtaining possession
  • Notice of Proceedings for Possession
  • Defective notice
  • Right to review
  • Defences
  • Effect of proceedings on the tenancy

A landlord can only end an introductory tenancy by obtaining an order of the court for possession. The landlord has a mandatory right to possession and it is not necessary to establish one of the grounds for possession. However, an order cannot be made unless the introductory tenancy notice requirements are satisfied.

Notice of Proceedings for Possession

A landlord must serve a Notice of Proceedings for Possession on the tenant stating:

  1. that it will ask the court for an order for possession

  2. the reasons for the possession order

  3. the date of possession proceedings

  4. that the tenant has the right to review the landlord’s decision

  5. the date by which a review request must be made

  6. that the tenant can seek advice

There is no prescribed form for a section 128 Notice.

The information required to be provided under section 128(7) does not have to be provided on a single page or in a single document, as long as it is clear. Where the information is provided on more than one document, it should be clear that the documents together constitute the notice. See News Analysis: Information leaflets—part of notice? (LB Islington v Dyer).

The date possession proceedings may begin must be not less than the date on which the tenancy could be brought to an end by an ordinary Notice to Quit. In the