It was announced at the very end of August 2020, to accompany the continued Court suspension on possession actions, that the Government would be further extending notice periods to be given in possession notices served on residential tenants whilst the country continues to tackle the financial and human impact of the coronavirus pandemic.

The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 were introduced on Friday and came into force on 29 August 2020 over the Bank Holiday weekend.

The new notice periods that apply for assured and assured shorthold tenancies from 29 August 2020 are set out below. For the most part, all Section 21 (ASTs only) and Section 8 Notices now served up to 31 March 2021 will need to give 6 months’ notice, unless any of the grounds set out below are relied upon in a Section 8 Notice. The changes will not affect Notices served prior to 29 August 2020.

One of the exceptions include cases of serious rent arrears. A reduced notice period of 4 weeks will apply to a Section 8 Notice which seeks possession on Grounds 8, 10 and/or 11 to Schedule 2 of the Housing Act 1988 (e.g. rent arrears grounds) and there are at least 6 months’ rent arrears outstanding at the date of the Notice. In any other case of rent arrears where there are less than 6 months’ rent outstanding at the date of the Notice, 6 months’ notice must be given before a claim for possession can be issued. The new 6 months’ notice period also needs to be given in cases of breach of tenancy. This is unless Ground 14 (nuisance, annoyance, immoral or illegal use) can also be relied upon, in which case proceedings for possession can be issued as soon as the Notice is given in the usual way (e.g. no notice period required), whether or not any other ground is relied upon in the Notice.

Amendments have therefore been made to the prescribed forms of Section 21 and Section 8 Notices to take account of these changes. Note the Court suspension on possession claims is unaffected and continues until 20 September 2020 (unless extended later this month, which remains possible).

Section 21 Notices

Link to the new Section 21 Notice

Section 8 Notices

Link to the new Section 8 Notice.

For more information, please contact Faye Didcote at Faye.Didcote@kdllaw.com or on 01435 897297.

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