This month, Abi Wass, Assistant Land Agent, provides a useful update on new rules introduced for notices on residential properties.
Further to changes introduced by the Government during the Coronavirus pandemic under the Protection from Eviction Regulations, it is now a requirement for most residential landlords in England to serve six months’ notice in order to terminate residential tenancies (such as Assured Shorthold Tenancies (ASTs)).

This rule was meant to expire on 30th September, but has now been extended until 31st March 2021 in order to provide greater protection for tenants during the pandemic and over the winter months.

The six months’ notice period for Section 21 notices will not however apply in cases of antisocial behaviour (4 weeks’ notice), domestic abuse (2-4 weeks’ notice), false statements (2-4 weeks’ notice), over six months accumulated rent arrears (4 weeks’ notice) or breach of immigrations rules (‘right to rent’) (3 months’ notice).

As such, eviction cases are to be prioritised by the courts so that those including the most serious cases can be heard more quickly.

In addition, new court rules have been agreed, meaning landlords will need to set out in their claim any relevant information about a tenant’s circumstances, including information on the effect of the COVID-19 pandemic. Where this is not provided, judges will have the ability to adjourn proceedings.

A Section 21 notice also now has an extended ‘shelf life’ from 6 months from serving the notice to 10 months.

In summary, the main change is that a minimum of 6 months’ notice will be required in pretty much most situations unless you have 6 months rental arrears or more.

Abi Wass

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