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Legal News | 1.06.21

Residential Tenancies: Covid Protection measures continue for recovery of possession

Further Covid Regulations have been made to extend the support for renters in the ongoing pandemic. These take effect from 1 June 2021.

Section 21 Notice: this is the legal notice to bring to an end an Assured Shorthold Tenancy (AST).

From 1 June until 30 September 2021, any Section 21 Notice must give the Tenant at least 4 months’ notice that the Landlord requires possession of the property. (From 20 August 2020 to 31 May 2021 the notice period was 6 months so the new rules have reduced the notice period to be given).

Section 8 Notice: this is the legal notice to bring to an end an AST provided the Landlord can cite a ground set out in Schedule 2 of the Housing Act 1988.

For grounds relating to rent arrears, extended notice periods still apply but these vary depending on the level of arrears; where there are arrears of more than 4 months’ rent, from 1 June 2021 to 30 September 2021, the notice period is now shortened to 4 weeks. The notice period will be 4 months in cases where the arrears are less than 4 months.

Please also note there is a new prescribed form for the notice, meaning that if you use an out of date form, your notice is likely to be invalid and could harm your ability to obtain possession.

You may also need to comply with the new Debt Respite Scheme where tenants in arrears of rent can apply for a halt on action being taken. This can prevent eviction notices being served on tenants. We can advise on this aspect whilst also advising on the correct notice to serve on a tenant.

Enforcement of possession orders by bailiffs

From 1 June 2021, for those Landlords with possession orders ready to be executed, general bailiff evictions can commence unless the Tenant has Covid -19 symptoms.

If you would like to discuss your options to recover possession or your rights as a residential tenant, please get in touch with your usual contact or email elizabeth.thompson@wansbroughs.com or josh.taylor@wansbroughs.com.



Posted By Our Dispute Resolution Team