With the ease in lockdown restrictions, the Government has announced that from 1 June 2021 tenancy notice periods that are currently six months will be reduced to four months. Notice periods could also return to pre-pandemic levels from 1 October 2021, subject to the public health advice.
The Eviction Ban
As a result of the Pandemic, the backlog in the courts is insurmountable as landlords patiently wait in line for claims to be heard. Whilst possession may have been granted, even pre-Covid, evictions were suspended and this current ban on bailiff-enforced evictions, introduced as an emergency measure during lockdown, will now come to an end on 31 May 2021.
Courts will continue to prioritise the most serious cases, such as those involving fraud or anti-social behaviour, with many of the evictions waiting to be enforced when the ban lifts predating the pandemic.
Landlords should be aware that a 14 day notice is required before an eviction can take place. Therefore, no evictions are expected to take place before mid-June except in the most serious circumstances. Bailiffs have been asked not to carry out an eviction if anyone living in the property has COVID-19 symptoms or is self-isolating.
The Notice Period – Section 21 (Form 6A)
From 1 June 2021, as part of a phased approach, notice periods which were previously extended to 6 months as an emergency measure, the notice period for Section 21 (Form 6A) will be reduced to four months’ notice. The Housing Minister announced that notice periods could also return to pre-pandemic levels from 1 October 2021, subject to the public health advice.
The Notice Period – Section 8
The Section 8 notice differs to the Section 21 in that it relates to breach of contract. Since August 29th, 2020, the notice periods were dependent on the Grounds being relied upon and in some cases were amended due to the extenuating circumstances the Government felt needed to be addressed. And this time around, it’s no different.
From the 1st June 2021, notice periods that are currently 6 months will reduce to at least 4 months. Notice periods for the most serious cases that present a strain on landlords will be lower:
Death of a Tenant (2 months’ notice)
Breach of Immigration rules ‘Right to Rent’ (2 weeks’ notice)
Over 4 months’ accumulated rent arrears (4 weeks’ notice)
Anti-Social Behaviour (immediate to 4 weeks’ notice)
Domestic Abuse in the social sector (2 to 4 weeks’ notice)
False Statement (2 to 4 weeks’ notice)
Notice periods for cases where there are four or more months of unpaid rent, will reduce to 2 months’ notice from 1 August 2021. This is to support both landlords and tenants in response to the greater difference between COVID and pre COVID notice periods for rent arrears.
George Sifonios, Managing Director at David Astburys Estate Agents said; “Many Landlords that don’t have their property managed by an agent are typically unaware of new legislations and changes in policy being implemented by the Government which could seriously affect themselves and their properties. At David Astburys we focus safeguarding our Landlords and their investments. If you are a Landlord and want to learn more about the benefits and peace of mind of having your property managed by our team, contact us today.”
The property management team at David Astburys Estate Agents in Crouch End can help answer any questions you may have about this new guidance, contact them for their expert advice; crouchend@davidastburys.com, 020 3000 6787.
