Residential tenancy notice periods extended – in most cases…

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Residential landlords are now required to give tenants 6 months’ eviction notice for all cases, baring those that raise other serious issues such as anti-social behaviour and domestic abuse.

These new regulations came into force on 29 August and will remain in place until at least the end of March 2021.

These are the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020. The move follows the government’s recent announcement committing to giving tenants greater protection from eviction over the winter.

Exceptions to the rule

While these regulations lengthen the notice period for most evictions, certain notices served between 29 August 2020 and 31 March 2021 are less than 6 months. These are, generally:

  • cases where there is at least 6 months’ rent outstanding when the notice is served
  • cases involving Anti-Social Behaviour
  • cases involving Domestic Violence
  • cases where the tenancy has been granted following a false statement being made
  • cases where an indictable offence has been committed during or at the scene of a riot
  • cases where the tenant does not have the right to rent
  • cases involving successions

 

How exactly does this affect landlords?

The exact period of notice will depend upon the type of tenancy involved and the grounds relied upon.

Notices served under s21 Housing Act 1988 (no fault grounds) are extended to six months and the period during which a s21 notice will be valid is extended from six months to 10 months.

Whilst the regulations are not retrospective, the fact that they were introduced with no notice and with immediate effect will mean that some notices which had been sent on 27 or 28 August will be invalid by the time that they are received by their recipients.

There have been corresponding changes to the prescribed notices as well, so make sure that you are using the correct form of notice.

Need some help?

The situation for residential tenancy notices is now very complex, and you may wish to get advice in respect of any notices recently served, or which you are looking to serve.

For a free initial chat contact Sarah Barratt on 0191 211 7923 or email
[email protected]