Legal Disputes

Notice periods revert for residential landlords seeking possession

October will see a major milestone in notice periods for residential tenancies where landlords are seeking possession, as they revert to pre-pandemic requirements.  But with fears of a tough winter, as gas prices soar and furlough support ends, landlords are being warned to check the latest guidance before taking action, as additional protections for tenants may need to be reinstated.

18 Oct 2021

Team name
Holly Minney

Holly Minney

For now, the Government has confirmed that notice periods for Assured and Assured Shorthold Tenancies will revert to pre-pandemic requirements from 1 October 2021.  This suspension of the emergency legislation affects Section 8 and Section 21 notices, where landlords are seeking possession of a property.

Since 1 June 2021, most possession notices have required the landlord to give a minimum of four months’ notice if they serve either a Section 21 or a Section 8 notice, except in some specific cases of anti-social behaviour and rent arrears.

From October, the notice periods for Section 8 Notices will revert to the pre-pandemic notice periods – which vary depending on the grounds on which notice is served – and for Section 21 Notices, the notice period will revert to at least two months’ notice.  New prescribed forms must be used for both Section 8 and Section 21 Notices from 1 October 2021.

A statement from the Ministry of Housing, Communities and Local Government reflects this, saying that the measures may be re-implemented if the public health situation worsens again, as the legislation which imposed the extended notice periods will remain in force until March 2022 and this is a suspension of, not an end to the emergency legislation.

The notice periods from 1 October 2021:

  • Section 21 or Section 8 / 1, 2, 5, 6, 7, 9 or 16 – two months but not before the end of the fixed term
  • Section 8 / 8,10,11 on grounds of rent arrears – two weeks
  • Section 8 /3, 4, 7b, 12, 13, 14A, 15 or 17 – two weeks
  • Section 8 / 7a on grounds of anti-social behaviour with a conviction – one calendar month

Section 8 / 14 anti-social behaviour – immediately after the notice counts as served, usually 24 hours

M&P Commentary

Holly Minney, Head of Dispute Resolution, said:

“It is important that residential landlords make sure they give the right period of notice and use the correct form.  There is no back-dating for notices served before 1 October, so any action taken before October will continue to be under the notice periods in force at that time.

“And while this sees a relaxation of the emergency legislation, if there’s a tough winter in economic terms, or a further surge in Covid-19, there is every chance that the extended notice periods will be re-introduced, so it’s very important to double-check before taking action in the coming months.”

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for solicitor firms

Trusts and Probate
We would like to thank Anne and Manzurul for helping to make our probate application go smoothly and efficiently. We found the process very professional.
M McDermott
Wills
From start to finish our needs were handled with all due care and attention to detail.
Anonymous
Residential Property
Svetlana at Mullis & Peake recently handled our divorce transactions and house purchase, no fuss, straight forward advice, great communication and handled efficiently.
Mcdocat
Residential Property
Trusts and Probate
Excellent service and very good advice on both recent matters. Mullis & Peake have acted for our family for many years and have proved very professional on each occasion
Terry
Residential Property
Mullis & Peake dealt with both the sale and purchase for my mum's properties. Paul is professional, helpful and efficient. Explained all the processes in a timely manner. Top quali...
Jenny
Family
I've found the service I've received at Mullis and Peake to be courteous, professional and highly recommendable.
Carole
Family
Special thanks to Roisin McCorry for her professionalism, resolve, patience, and the support she provided during this very difficult time.
Richard
Dispute resolution
Extremely satisfied with service received from Mullis & Peake. I would thoroughly recommend their service as they were recommended to me.
Paul

Related News insights

Commercial Disputes, Legal, Business, Contract Disputes & Debt Recovery, Debt Recovery
Start the new tax year with better debt recovery processes
Family & Divorce, Legal, Divorce, Family law
No more blame but challenges remain for divorcing couples
Dispute Resolution, Legal, Landlord & Tenant (Residential)
Assured Shorthold Tenancies: A guide to the Section 21 Procedure
Legal, Wills & Power of Attorney, Wills
Wills validity challenges in the news