It’s time for landlords to breathe a sigh of relief. The last few months have brought much uncertainty for those undergoing (or attempting to undergo) procession proceedings. Things however are beginning to look up, as from the 1 October 2021 notice periods for Section 8 and Section 21 notices revert to their pre-pandemic levels, for the first time since March 2020.
To recap the
current position, currently the minimum notice period to be given to tenants
when serving a Section 8 Notice is, in most cases, four months. However, there
are some exceptions, particularly where at least four months’ rent is unpaid at
the time the Notice is served, the landlord must give at least four weeks’
notice.
The minimum notice
period to be given to tenants when serving a Section 21 Notice is, at present,
four months.
From 31 May 2021,
bailiff enforcement for evictions have been given the go ahead and so orders
can once again be enforced where the landlord has a valid Warrant of
Possession. This means landlords have
been successful in securing possession of their properties, slowed down only by
the numerous extensions of the requisite notice periods.
The process is due
to be made less painful and lengthy from 1 October 2021 as notice
periods return to their pre-pandemic levels. This means that the following
notice periods will apply for assured shorthold tenancies
This reduction in notice
periods will no doubt come as welcome news to landlords who have been
considering possession proceedings
Although the notice periods are reverting
back (and hopefully staying) at pre-pandemic levels, it is of note that under The Coronavirus Act 2020 the Government has retained its
emergency powers to impose longer notice periods up until 25 March 2022 should
there be a need to do so. This means that up until 25 March 2022 notice
periods can once again be extended and therefore if you are considering giving
notice, it is worth doing it as soon as possible to avoid any further delays.
In light of the change back to pre-pandemic notice periods
for both Section 8 and Section 21 notices, the government will be updating the
prescribed forms on which notice must be served. Section 8 Notices will no longer include guidance for tenants and landlords
regarding notice periods. Serving notice on an incorrect form will mean the
notice is invalid and a further notice will need to be served. It is therefore
essential that notice is calculated correctly.
For more information regarding
the steps required to gain possession of a property, please see our previous
blog: “Lockdown 3.0 - A tilt in the residential landlord's favour?”
If you would like to discuss your matter
further with one of our residential landlord & tenant experts at Pardoes,
then please contact Sam Backler (sam.backler@pardoes.co.uk or Yasmin Sen (Yasmin.sen@pardoes.co.uk) or
telephone on 01935 382680.