Additional notice for DV ground: HA 1988 s. 8A
Landlord must serve notice on non-tenant partner who left due to domestic violence before court hears possession claim under Ground 14A, or court may dispense.
Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless— the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or the court considers it just and equitable to dispense with such requirements as to service. Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless— the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or the court considers it just and equitable to dispense with the requirement of such a notice. A notice under this subsection shall— state that proceedings for the possession of the dwelling-house have begun, specify the ground or grounds on which possession is being sought, and give particulars of the ground or grounds.
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
If a landlord wants to evict a tenant using Ground 14A (domestic violence) and the partner who left because of the violence is not a tenant, the court cannot start or continue possession proceedings unless the landlord has given that partner a copy of the section 8 notice (or taken reasonable steps to do so), or the court decides it is fair to skip that step.
If Ground 14A is added to the notice after the court case has already begun, and the partner who left is not a party to the case, the landlord must serve a separate notice on that partner telling them the case has started, what grounds are being used, and the details. Again, reasonable steps or a court order can waive this requirement.
When it applies
- A landlord serves a possession notice on the tenant (the person who stayed) but never tells the former partner who fled domestic violence that a court case is coming.
- A tenant's ex-partner left the home after domestic abuse; the landlord later adds Ground 14A to the possession claim after proceedings have started, and the ex-partner is not aware of the case.
- The landlord tries to serve the notice on the non-tenant partner but they have moved away and left no forwarding address; the landlord then asks the court to allow the case to proceed without proper service.
- A joint tenant leaves the property due to domestic violence; the other joint tenant remains, and the landlord seeks possession against the remaining tenant on Ground 14A, but the departing joint tenant is still a tenant (so this section does not apply).
What this section does not say
- This section does not apply if the partner who left is a tenant (e.g. a joint tenant) – those cases are handled by the general notice rules in section 8.
- It does not cover grounds other than Ground 14A (domestic violence) – other grounds have their own notice rules.
- It does not say what happens if the landlord serves the notice incorrectly – that is left to the court's discretion under the 'just and equitable' test.
- This provision does not address the tenant's right to defend the possession claim itself; it only deals with notice to the non-tenant partner.
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This page reproduces the text of HA 1988 s. 8A 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.