Restrictions on Tenant Evictions Extended

Notice Periods

The ‘Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 S.I. 2021/284’ have served to extend again the temporary provisions put in place by ‘Coronavirus Act 2020 (Sch.29)’.

So until 31 May 2021 the notice periods for Assured and Assured Shorthold tenancies are as follows:

s.21 - 6 months’ notice. The notice will be valid for 10 months from service (extended from 6 months validity).

s.8 Grounds 1-6, 9, 12-13, 15-16 - 6 months’ notice

s.8 Grounds 8, 10 or 11 where at least 6 months’ rent is unpaid - 4 weeks’ notice

s.8 Grounds 7, 7B  - 3 months’ notice

s.8 Ground 7A - 4 weeks’ notice for a weekly tenancy or one month for a monthly tenancy

s.8 Ground 14 - landlord can issue proceedings on the same day as service of the notice

s.8 Grounds 14A, 14ZA, 17 - 2 weeks’ notice

Executing a Possession Order

The ‘Public Health (Coronavirus) (Protection from Eviction) (England) (No.2) Regulations 2021, S.I. 2021/164’ presently prohibits the execution of most writs or warrants of possession in England.

The restrictions are due to expire on 31 March 2021. The government has announced plans to extend these provisions to 31 May 2021. Therefore even with a possession order from the court, most landlords will not be able to instruct bailiffs to evict.

Occasionally the Court may be persuaded to dispense with this restriction, but the circumstances would have to be significant (threats of domestic violence, outstanding rent of at least 6 months etc).

Despite this however it is still best to obtain your possession order, and have it ready for when the restrictions are lifted.

If you require advice on tenant evictions then please contact Oliver Kew at 01189 575337 and o.kew@hewetts.co.uk

Published on 17/03/2021