Q&As

What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 11/02/2019

The following Local Government Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?

What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?

Secure tenancies are regulated principally by the Housing Act 1985 (HA 1985).

HA 1985, s 83 requires a landlord, prior to issuing possession proceedings in respect of a property let on a secure tenancy, to serve a notice (a notice of seeking possession (NOSP)) containing specified information on the tenant. To this end, HA 1985, s 83 states inter alia:

‘(1) The court shall not entertain proceedings to which this section applies unless—

(a) the landlord has served a notice on the tenant complying with the provisions of this section, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

(2) A notice under this section shall—

(a) be in a form prescribed by regulations made by the Secretary of State,

(b) specify the ground on which the court will be asked to make [the order], and

(c) give particulars of that ground.’

HA 1985, s 82 (entitled ‘security of tenure’) makes provision as to when and how a secure tenancy can be brought to an end. HA 1985, s 82(1) and 82(1A) stipulate that a

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