Normal Service is resumed: the end of Coronavirus Residential Possession Notice Periods

New Regulations which come into force on 30 September 2021 (The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021) mean that from 1 October 2021 the notice periods for Notices Seeking Possession of residential properties let on assured tenancies and assured shorthold tenancies will revert to pre pandemic periods.

This means that landlords serving Section 21 notices will from 1 October 2021 only need to give 2 months’ notice that they require possession.

Landlords serving Section 8 notices where they are relying on unpaid rent grounds (Grounds 8, 10 and 11); deterioration of the property (Ground 13); damage to furniture (Ground 15); other breach of a tenancy obligation (Ground 12) or a false statement that induced the landlord to grant the tenancy (Ground 17) will be able to return to giving 2 weeks’ notice. Different notice periods apply depending upon which ground for possession is being relied on and landlords and their agents will need to check the provisions of Schedule 2 of the Housing Act 1988.

Landlords may wish to avoid serving s21 notices for the rest of this month as the notice period will reduce from 4 to 2 months after 30 September. Similarly, S8 notices relying on rent arrears which are below the threshold allowing for shorter notice periods should also be held back until after 1 October.

The regulations have not entirely dispensed with the longer notice periods but suspended them until March 2022 so that they can be quickly brought back if the Covid situation deteriorates.

New forms of Notice have been produced and they must be used from 1 October 2021. See https://www.legislation.gov.uk/uksi/2021/994/schedule/2/made

This will be welcome news to private landlords many of whom have struggled during the pandemic due to delays in their ability to recover possession which has in some cases caused considerable hardship.

Contact our Litigation Solicitors today

For further information, please contact Johanne Spittle in the Litigation Department on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email johanne.spittle@warekay.co.uk.