We reported a fortnight ago that the Government had announced that the ban on evictions would be lifted and that possession notice periods would be shortened after 31 May 2021 (see here). With today, 01 June 2021, marking that milestone, we are taking this opportunity to remind our readers of the current position with residential possession actions, and how we have got there.

Ban on evictions lifted

After 7 months, the ban on evictions imposed following the second national lockdown in November 2020 has been lifted with effect from today. Whilst some limited exceptions applied so that some evictions could take place during this period, predominately in cases of substantial rent arrears and anti-social behaviour, the ban prevented landlords from recovering possession of their properties in the vast majority of cases, including where an order for possession had been made on the ‘non-fault’ ground in Section 21 of the Housing Act 1988.

From today, landlords can proceed and enforce a possession order obtained on any grounds, either through the County Court Bailiffs or High Court Enforcement Officers.

Although the nationwide ban was only imposed in November 2020, the reality is that many, if not most, evictions will have been halted for the best part of 15 months, since the suspension was first introduced as part of the measures to protect tenants during the first lockdown, on 25 March 2020. Whilst the ban was lifted initially in September 2020, the ability to proceed with evictions was short-lived as local bans were introduced from October 2020 in line with the ‘Tier’ system throughout England, meaning that there was only a very short window for evictions to proceed before the November 2020 lockdown.

It is not surprising, given the backlog of suspended evictions during this time, that widespread delays are expected with evictions through the County Court Bailiffs. Evictions through High Court Enforcement Officers may be quicker, although permission of the County Court is required in order to transfer the claim to the High Court for Enforcement (except in cases of trespassers). That application is usually dealt with at the initial possession hearing, and a separate application once the possession order has been obtained may not necessarily be considered and granted any quicker than the bailiff appointment. Although, of course, each case should be considered on its own merits and timescales will vary from Court to Court.

There is also now a 14 notice requirement before an eviction can take place. Therefore, no evictions are expected to take place before at least mid-June, except in the most serious of cases. Unsurprisingly, evictions will not take place where anyone living in the property has COVID-19 symptoms or is self-isolating.

Shortened notice periods

Possession notice periods have not yet reverted back to the pre-COVID periods prescribed by the Housing Act 1988, however landlords will welcome the shortened notice periods with effect from today. In most cases, notice periods are reduced from the existing 6 months to 4 months, in some cases shorter. For example, where there are at least 4 months’ rent arrears (reduced from the existing 6 months), the notice period is 4 weeks for a Section 8 Notice served on grounds 8, 10 or 11. Where the arrears are less than 4 months, a 4 month notice must be given although from 01 August 2021 that period will reduce to 2 months.

Notice periods are expected revert to the pre-25 March 2020 position with effect from 01 October 2021, subject to public health advice at that time.

The tables below set out the current and previous notice periods, and include links to the new Section 21 Notice (Form 6A) and Section 8 Notice (Form 3) to be used from today until 30 September 2021.

Section 21 Notices

Link to the new Section 21 Notice - https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

Section 8 Notices

Link to the new Section 8 Notice - https://www.gov.uk/guidance/assured-tenancy-forms#form-3

For more information, please contact a member of team at info@kdllaw.com or on 01435 897297.

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