Residential Landlord and Tenant Update: The Current Position

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The Government has updated the laws relating to notice periods given by landlords.

Further to our most recent article covering this topic (which can be found here), the regulations and, in particular, the notice periods landlords are required to give their tenants have changed, again. The regulations can be found in The Coronavirus Act 2020 and The Housing Act 1988.

The procedure for serving and obtaining an order for possession via Section 8 and Section 21 of the Housing Act 1988 remains the same. As discussed previously, a Section 8 Notice is served when the tenant has breached a term of the tenancy agreement, for instance, has not paid rent; a Section 21 Notice provides for a ‘no-fault’ evection.

Notice Periods from 1 June 2021

Landlords serving a Section 21 Notice are required to give their tenant at least 4 months notice before applying to the court to obtain an order for possession.

A landlord is also required to give their tenant at least four months notice when using the Section 8 procedure.

However, as before, if there are serious breaches (such as more than four months arrears, anti-social behaviour or domestic violence), the notice period is reduced, between two and four weeks, depending on the breach.

Notice Periods from 1 August 2021

The Government have advised that the notice periods for both the Section 8 and Section 21 procedures will reduce to two months from 1 August.

How to Effectively Serve Notice

Landlords should ensure that when serving a Section 21 Notice, they ensure that all formalities are complied with to ensure valid service and avoid further delays.

Information surrounding the service of a Section 21 Notice can be found here: https://www.ashtonslegal.co.uk/insights/business-news/dispute-resolution/residential-landlord-tenant-update-new-regulations/

Furthermore, Landlords should note that if the notice period reduces after they have served the notice, they are still required to give the amount of notice which was required at the time of service.

Therefore, a landlord may decide to wait and serve notice at the most advantageous date, depending on the notice period required at that time.

How We Can Help

If you are a landlord and require advice about a tenant, please get in contact with our specialist solicitor Annabel Mayer on 01284 727118/Annabel.Mayer@ashtonslegal.co.uk, who would be happy to take some initial information from you.


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