Definitions for duties, penalties, offences HA 1988 s. 16M
Defines 'purported notice of possession', 'relevant person', and sets 12-month restricted period for landlord relying on Ground 1/1A.
In sections 16D to 16L, Schedule 2ZA and this section— “ legal representative ” means a person carrying on a legal activity, within the meaning of the Legal Services Act 2007, in the course of a business, where the person— is an authorised person in relation to a reserved legal activity for the purposes of that Act, or is of a description specified for the purposes of this section in regulations made by the Secretary of State; “ local housing authority ” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly; “ purported notice of possession ” means any written document which is not in accordance with section 8 but which (however expressed)— purports to be a notice under section 8, or purports to bring an assured tenancy to an end or to require that it is brought to an end (by reference to a ground in Schedule 2 or otherwise), and is not a claim form or a document produced pursuant to proceedings in the court for possession of the dwelling-house; “ relevant person ”, in relation to a tenancy, means— the landlord, a person acting on behalf of the landlord otherwise than as a legal representative, or a person purporting to act on behalf of the landlord. For the purposes of 16D to 16L a person relies on a ground in Schedule 2 in relation to a tenancy where the person— serves on the tenant a notice under section 8, or a purported notice of possession, asserting that the landlord is, will or may be able to obtain an order for possession on that ground, or having not done anything within paragraph (a) in relation to the ground, files a claim form or particulars of claim with the court, for the purpose of beginning proceedings for possession on that ground. In section 16E “ the restricted period ” is to be read in accordance with subsections (4) to (7). Subject to subsections (5) to (7) “ the restricted period ” means— in relation to a relevant person relying on Ground 1 or 1A in a notice under section 8 or a purported notice of possession (see subsection (2)(a, the period— beginning with the date on which the notice or purported notice is served, and ending with the last day of the period of twelve months beginning with the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin; in relation to a relevant person relying on Ground 1 or 1A in a claim form or particulars of claim (see subsection (2)(b, the period of twelve months beginning with the date on which the claim form or particulars of claim are filed with the court for the purpose of bringing proceedings for possession. Where subsection (6) applies, the reference in subsection (4)(a)(ii) to the date specified in the notice or purported notice as the earliest date on which proceedings for possession will begin is to be read as a reference to the earliest date that could have been validly so specified in a notice under section 8, served on the same date, specifying Ground 1 or 1A alone. This subsection applies— where (because it also specifies Ground 7A or 14) a notice under section 8 specifies, as the earliest date on which proceedings for possession will begin, an earlier date than the earliest date that could have been validly so specified in a notice under section 8 specifying Ground 1 or 1A alone; where a purported notice of possession— does not specify a date as the earliest date on which proceedings will begin, or specifies as the earliest date on which proceedings will begin a date that could not have been specified in a valid notice under section 8 served on the same date, specifying Ground 1 or 1A alone. Where, before the end of the restricted period, the court makes an order for possession of the dwelling-house on a ground other than Ground 1 or 1A, the restricted period ends with the day on which the order is made. Regulations under this section— may make different provision for different purposes; are to be made by statutory instrument. A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision defines key terms used in sections 16D to 16L and Schedule 2ZA of the Housing Act 1988. It explains what counts as a 'purported notice of possession' (any written document that wrongly claims to be a section 8 notice or demands possession without following section 8), who a 'relevant person' is (the landlord or anyone acting for the landlord except a legal representative), and what it means to 'rely on a ground' (serving a notice or filing a court claim that asserts that ground).
For Ground 1 (owner occupier) and Ground 1A (armed forces), the provision sets a 'restricted period' of 12 months. This period starts from the date the notice is served (if a valid or purported notice was given) or from the date the court claim is filed (if no notice was given). If the notice or purported notice includes other grounds that allow an earlier date, or if it fails to specify a valid date, the start of the restricted period is adjusted to the earliest date that could have been specified in a valid section 8 notice relying only on Ground 1 or 1A. The restricted period ends early if the court makes a possession order on a different ground before the 12 months are up.
The provision also defines 'legal representative' (authorised persons under the Legal Services Act 2007 or others specified in regulations) and 'local housing authority' (various councils). Regulations made under this section can be varied and are subject to parliamentary annulment.
When it applies
- A landlord gives the tenant a typed letter saying 'I intend to take possession of the property for my own use' and gives the tenant 2 months to leave, but the letter does not follow the format of a section 8 notice. This letter is a 'purported notice of possession'.
- A letting agent, without being a solicitor, sends a notice to the tenant claiming possession on Ground 1 (owner occupier) but the notice has the wrong date. The agent is a 'relevant person' and the notice triggers the restricted period calculation using the earliest valid date.
- A landlord files a claim with the court for possession on Ground 1A (armed forces) without serving any prior notice. The restricted period begins on the date the claim form is filed.
- While the restricted period is running, the court grants possession on Ground 8 (rent arrears). The restricted period ends on the date of that order.
What this section does not say
- The actual grounds for possession (Ground 1, 1A, etc.) are set out in Schedule 2 to the Act, not in this section.
- The duties and penalties that apply during the restricted period are in sections 16D to 16L, not in this interpretation section.
- The procedure for serving a valid section 8 notice is governed by section 8 and regulations, not by this definition.
- The definition of 'assured tenancy' or 'dwelling-house' is found elsewhere in the Act.
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This page reproduces the text of HA 1988 s. 16M in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.