Friday, 14 May 2021

COVID-19: Eviction Ban Ends & Notice Periods for Residential Tenancies Reduced

 The eviction ban for residential tenants ends on 31 May 2021, and new notice periods will then apply.

New Notice Regulations*, which take effect from 1 June 2021, reduce the required notice periods for most residential possession notices from 6 to 4 months.

This new notice period lasts from 1 June to 30 September 2021 inclusive.

The notice period had previously been increased from 3 to 6 months due to the pandemic.

Existing exceptions continue to apply, so landlords can give shorter notice where the grounds of eviction relate to anti-social behaviour, domestic violence, or fraud.

Where the grounds of eviction relate to rent arrears, and at least 4 months’ rent is unpaid, landlords will only have to give 4 weeks’ notice (down from the previous 6 months).

Where less than 4 months’ rent is owing, landlords will have to give 4 months’ notice from 1 June 2021, reducing to 2 months’ notice from (and including) 1 August 2021.

New Forms Regulations** introduce new prescribed forms of notice under section 8 and section 21 of the Housing Act 1988 to be used from 1 June 2021.

The period by which possession proceedings must have been commenced under section 21 (4D) will also be reduced, from 10 to 8 months from the date on which notice was given.

This is something of a confusing jumble for housing lawyers to get their heads around, especially as it’s been announced only a couple of weeks before it takes effect.

For a more detailed look at this, see this post on Nearly Legal.


*The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No 2) Regulations 2021 (SI 2021/564)

** The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2021 (SI 2021/562)

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