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New prescribed form for notice of seeking possession of a property let on an assured tenancy

Find out about the new prescribed form to be used by landlords seeking possession of a property.

When a landlord is seeking possession of a property let on an assured/assured short hold tenancy, based on one of the grounds in Schedule 2 of the Housing Act 1988, a notice seeking possession must first be served. The form of this notice is prescribed.

However, on 4 May 2021, following new provisions under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I.2020/1311), a new prescribed form should now be used.

This form makes amendments to the prescribed notes that accompany the prescribed form and provides persons who have a certified debt with 60 days “breathing space” against enforcement. It also allows persons suffering from a mental health condition an additional 60 days to the period of “crisis treatment” as defined under the Mental Health Act 1983.

The prescribed form (Form 3) can be found on the Government website.

If you need help or advice on any of these issues, contact our property litigation solicitors.

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