New Notice Periods For Tenant Evictions

With effect from 26 March 2020, the Coronavirus Act 2020 modified most statutory notice periods for residential possession proceedings so as to require at least three months’ notice to be given to the tenant.

With effect from 29 August 2020 until 31 March 2021 (inclusive), these regulations further amend the notice periods in England. The new notice periods are:

Rent Act 1977

  • Case 2, where at least 6 months’ rent is unpaid – 4 weeks
  • Case 10A, where the tenant has no right to rent – 3 months
  • All other cases – 6 months

Secure tenancies: Housing Act 1985

  • Ground 1, where at least 6 months’ rent is unpaid – 4 weeks
  • Ground 2 (nuisance and annoyance) – reverts to pre-Coronavirus Act 2020 position (i.e. landlord can issue proceedings on the same day as service of the notice)
  • Grounds 2ZA (riot conviction), 2A (domestic violence) and 5 (tenancy induced by false statement)– 4 weeks
  • All other Grounds – 6 months
  • s.84A (absolute ground) – reverts to pre-Coronavirus Act 2020 position (i.e. one month for a fixed term tenancy or, for a periodic tenancy, a period which corresponds with the period of time which would be required for a notice to quit)

Flexible tenancies: Housing Act 1985

  • s.107D, Housing Act 1985 – recovery of possession at or after end of fixed term – 6 months notice

Assured and assured shorthold tenancies: Housing Act 1988

  • s.21, Housing Act 1988 (no fault/notice only ground) – 6 months notice. The notice will be valid for 10 months from service (extended from 6 months validity).
  • Grounds 1-6, 9, 12-13, 15-16 – 6 months notice
  • Grounds 8, 10 or 11 – where at least 6 months’ rent is unpaid – 4 weeks notice
  • Grounds 7 and 7B – 3 months notice
  • Ground 7A – reverts to pre-Coronavirus Act 2020 position (i.e. 4 weeks notice for a weekly tenancy or one month for a monthly tenancy)
  • Ground 14 – reverts to pre-Coronavirus Act 2020 position (i.e. landlord can issue proceedings on the same day as service of the notice)
  • Grounds 14A, 14ZA  and 17 – 2 weeks notice

All these changes last until 31 March 2020 and new Prescribed Forms of notice have been introduced. For more information about tenant evictions please contact Oliver Kew on 01189 575337

Published on 09/09/2020

Hewetts News

21/10/2020: Family Court Statistics – April to June 2020

With the courts being closed for most hearings, and those that do take place happening remotely, the courts have been forced to prioritise work. Read +

14/10/2020: The Cost of Divorce and Changes to Family Costs Rules

Despite what the popular press often report, obtaining a divorce doesn’t have to be expensive. Read +

More News...

Request a Callback

×

Please provide the following information and we'll arrange for one of our solicitors to give you a call-back within the next 2 working days.