Possession notices – more changes!

As we are drawing closer to the end of the eviction ban, the Housing Minister announced on 12 May 2021 that notice periods for most tenants will be reduced to 4 months, as opposed to the previously extended 6 months, from 1 June 2021 and the current ban on evictions will end on 31 May 2021.

There is also reference to a White Paper being published in August which will set out proposals for the abolition of Section 21 ‘No-Fault Evictions’ to give greater security and a new ‘lifetime deposit’. We will keep you posted on more details as and when they emerge.

Courts will still continue to give priority to the most serious possession cases i.e. those based on fraud and/or anti-social behaviour and therefore, notice periods for anti-social behaviour, fraud and domestic violence will remain. The shorter notice periods unaffected are as follows:

• Anti-social behaviour (immediate to 4 weeks’ notice)
• Domestic abuse (social tenancies) (2 to 4 weeks’ notice)
• False statement/fraud (2 to 4 weeks’ notice)
• 4 months or more accumulated rent arrears (4 weeks’ notice)
• Breach of the immigration rules, ‘Right to Rent’ (2 weeks’ notice)
• Death of a tenant based on Ground 7 of Schedule 2 to the Housing Act 1988 (2 months’ notice)

Note: where rent arrears are less than 4 months it will be 2 months’ notice from 1 August 2021.

All other notice periods that were extended to 6 months will reduce to 4 months from 1 June 2021. This includes s21 notices used for starter and Assured Shorthold Tenancies.

Evictions

As previously, 14 days notice is required before an eviction can take place. Therefore, it is unlikely that any evictions that have previously been banned will take place before mid-June except in those serious circumstances where the bailiffs are already carrying out evictions.  As before, bailiffs will not carry out evictions if they are made aware that anyone in the property has Covid-19 symptoms or is self-isolating.

Replacing a NOSP already served

If you have very recently served a Notice of Seeking Possession which gives 6 months’ notice, you can from 1 June re-serve the notice so that it only gives 4 months’ notice. However, we do recommend that you make it clear that the new notice replaces the earlier notice.

For more information

For further advice on these matters, then please contact any member of our housing litigation team.

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