Covid-19 & Evictions: New s8 and s21 Notice Seeking Possession
31st March 2020
Covid-19 & Evictions: New s8 and s21 Notice Seeking Possession
Who should read this?
- Private Landlords, Estate Agents and Letting Agents, Social Housing Providers, Executive Teams, Boards, Income, Housing Management and Tenancy Enforcement Teams.
What has been announced?
- Following the passing of the Coronavirus Act 2020 on 25th March 2020, the Government has published a batch of new forms to be used as of 26th March 2020, which can be found here: https://www.gov.uk/guidance/assured-tenancy-forms
- On 26th March 2020 the Ministry of Housing, Communities and Local Government confirmed that they would protect tenants who cannot comply with their tenancies due to Coronavirus, meaning that “no renter in either social or private accommodation will be forced out of their home”.
- On 27th March 2020, the court service suspended all ongoing housing possession action.
What do the updated forms cover?
Whilst the forms released range from “Form 1” to “Form 9”, those of relevance to MSB clients and contacts are as follows:
- A new s8 Notice Seeking Possession (“Form 3”) – this now refers to s81 and Sch 29 of the Coronavirus Act 2020, and will be used when relying on the Mandatory and Discretionary Grounds for Possession set out in Schedule 2 to the Housing Act 1988, e.g. Ground 7A (Convicted of a Serious Offence), Grounds 8, 10 and 11 (Rent Arrears), Ground 12 (Any obligation other than rent is breached), Ground 14 (Nuisance or Annoyance).
- The notice period for the new s8 Notice Seeking Possession when seeking possession of an Assured or Assured Shorthold Tenancy is three months from the date of service.
- A new s21 Notice Seeking Possession (“Form 6A”) – this also now refers to the Coronavirus Act 2020 and will be used as a no fault ground to terminate an Assured Shorthold Tenancy which is coming to an end of its fixed period, or the fixed period has already ended and lapsed to a statutory periodic tenancy.
- The notice period for the new s21 Notice Seeking Possession is three months from the date of service.
What does this mean for Private Landlords and Social Housing Providers?
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Regardless of the reason why a landlord wants to serve Notice Seeing Possession of a property, the notice period will be three months from the date of service of the Notice before possession proceedings can be started.
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However, it is still possible for the court to dispense with service of a s8 Notice Seeking Possession if it considers ‘it is just and equitable to do so’.
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At present, and subject to any amendments to the Coronavirus Act 2020, the new Notices Seeking Possession are to be used up to and including 30th September 2020.
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Be aware that this period may be extended, or if it is not extended then the forms will change back (unless replaced again) and the Notice period will change back.
What about Notices that have already been served prior to 26th March 2020?
- Any Notice deemed served prior to 26th March 2020 is not covered by this new legislation and the old provisions regarding notice periods will apply.
- However, also on 26th March 2020 the Ministry of Housing, Communities and Local Government brought forward measures to protect tenants. Whilst the intention was that this would protect tenants who cannot comply with their tenancies due to Coronavirus, the measures introduced mean that “no renter in either social or private accommodation will be forced out of their home”.
- As of 27th March 2020, the Master of the Rolls, in conjunction with the Lord Chancellor, confirmed that the court service has suspended all ongoing housing possession action. Therefore whilst new possession claims can still be sent to court, they should simply be issued and stayed (put on hold) for three months. This also applies to cases where a possession order has been made and an eviction is already listed, or is applied for.
What we will be doing
- Our Housing and Regeneration Team are available to offer you help and advice on general matters flowing from the above or in relation to any specific cases you may have. We are still receiving new instructions and opening new cases.
If you have any questions please contact Phillip Coburn on the details provided below
Phillip Coburn
Phillip is a highly experienced Solicitor with varied specialisms in housing, public law and civil litigation. Phillip has a robust knowledge of both social and private housing and is able to advise local authorities and tenants on a multitude of contentious and non-contentious matters.
