Return of Pre-Pandemic Notice Periods

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Seeking Possession of Residential Tenancies

Notice periods in relation to possession proceedings for certain residential tenancies were increased with the introduction of Schedule 29 of the Coronavirus Act 2020. This protected residential tenants from eviction during the COVID-19 pandemic. 

The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (SI 2021/994) (Regulations) will suspend various provisions of Schedule 29 of the Coronavirus Act 2020, and therefore the Regulations contain the following:

  • With effect from the 30th September 2021, it extends the “relevant period” in Schedule 29 of the Coronavirus Act 2020 to 25th March 2022. This means that the government retains its emergency powers to impose longer notice periods until 25th March 2022. 
  • With effect from 1st October 2021, the notice period that must be given in notices seeking possession of residential properties in England reverts to the pre-pandemic notice period.
  • The introduction of new prescribed forms of notice under Section 8 and Section 21 of the Housing Act 1988 and Section 83 of the Housing Act 1985 for fixed-term tenancies. 
  • The Regulations contain transitional provisions that mean the changes will not apply to notices served before 1st October 2021. 

From 1st October 2021, in England, the minimum notice to be given when serving a section 21 notice will be two months.

Here to Help

if you would like more information or have any more questions regarding notice periods, please contact a member of our Property Litigation Solicitors on 0161 941 400 or email the Property Litigation Team.