Possession Notice Periods – It’s all changed, again!
4th September 2020
The Regulation again changes notice periods for your organisation’s Notice Seeking Possessions and Section 21 Notices.
What are the new notice periods?
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 came into force on Saturday 29th August 2020.
The new notice periods for assured tenancies are as follows:
Section 8 grounds
Grounds| Notice period
---|---
Grounds 1-6, 9, 13, 15, 16 | 6 months
Ground 12 (breach of tenancy) | 6 months
Ground 8, 10 or 11 (rent arrears)
Where rent arrears are less than six months at the date service of notice
| 6 months
Ground 7 (after death of tenant) and/or 7B (notice of no right to rent), where no other notice is specified | 3 months
Ground 7A (mandatory ASB/ conviction ground)| 28 days (periodic) or 1 month’s (fixed term) notice
Grounds 8, 10 & 11 (rent arrears)
Where no other ground is specified in the notice, and rent arrears at the time of service of the notice are not less than six months
| 4 weeks
Ground 14 (nuisance/annoyance/illegal purpose/indictable offence in locality) | No notice period, ie you can issue once the NOSP is deemed served.
Grounds 14A (domestic violence and non-perpetrator partner has left), 14ZA (indictable offence in riot) or 17 (tenancy granted on false representation) are specified in the notice, but no other grounds | 2 weeks
The new notice period for Section 21 notices in relation to assured shorthold tenancies is now 6 months. The period in which possession proceedings may be brought on a s.21 notice has been extended from 6 months from date of service to 10 months from date of service.
We have provided the link directly to the updated form to assist. https://www.gov.uk/guidance/assured-tenancy-forms#form-6a
What does this mean for your organisation?
- All notices served after 28thAugust 2020 will now need the correct notice period as above.
- You need to make sure you change any internal precedents and or policies / procedures to reflect the above changes.
- If old template forms are used and/or the incorrect date is given then the Notice will be defective, meaning a delay in issuing possession proceedings.
- There is no change to Notice to Quits. They remain the same, thus 4 weeks notice is needed.
Any questions?
In this ever-changing time, if you are unsure about a Notice please contact Louise Murphy or one of the team on [0151 318 5760](tel:0151 318 5760) who would be happy to help and advise you further
What are the new notice periods?
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 came into force on Saturday 29th August 2020.
The new notice periods for assured tenancies are as follows:
