Residential Property Notices Have Changed…
…but only for a short time!
As COVID-19 restrictions began to ease, the Government announced changes to notice periods required to be given to obtain possession of residential properties. The transitional period will run from 1 June 2021 to 30 September 2021, when subject to public health advice, notice periods will return to the pre-pandemic norm on 1 October 2021.
What’s changed?
Section 21 Notices:
- 4 months’ notice must be given from 1 June 2021.
- Possession proceedings can be issued up to 8 months from service of the notice.
- There is a new prescribed form that will need to be used from 1 June 2021 which refers to the new Breathing Space regulations and the new notice periods.
Section 8 Notices:
- Where a section 8 notice is served on the basis of rent arrears the notice periods are as follows:-
- From 1 June 2021 to 31 July 2021 where there are less than 4 months’ rent unpaid the notice period will be 4 months.
- From 1 August 2021 to 30 September 2021 where there are less than 4 months’ rent unpaid the notice period will be 2 months.
- From 1 June 2021 to 30 September 2021 where there are more than 4 months’ rent unpaid the notice period will be 4 weeks.
- In the most serious cases, notice periods will remain lower.
- There is a new prescribed form that will need to be used from 1 June 2021 which refers to the new Breathing Space regulations and the new notice periods.
Evictions:
The ban on evictions came to an end on 31 May 2021, which means that bailiffs are now able to attend residential properties for the purpose of eviction. Bailiffs are required to give tenants 14 days’ notice of an eviction. Generally, it has been confirmed that the Courts and County Court Bailiffs will prioritise possession proceedings issued in the most serious cases.
The above transitional period and Government guidance is subject to change if restrictions do continue beyond what is currently anticipated. At this point, however, there have been no announcements about changes to the above (despite the delay to “freedom day”).
If you would like to find out more about residential possession, please contact the Property Litigation team.
