Changes in Section 8/21 Eviction Notices in England & Wales

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Whilst it was reported in the media that there was a ‘ban’ on evictions when the pandemic took hold last March, in terms of Residential Housing Possession, what actually took place was a change in expiry periods when serving a Notice. This didn’t stop a Landlord from serving a Notice, but it did mean that the time period for pursuing any Court action after serving the Notice would take significantly longer than pre-pandemic. The Government has maintained its stance on this, albeit with the Notice period gradually becoming shorter. The most recent change took place on the 1st June 2021, and the table below for England only shows the current notice period required, and the amendments that have been released for further changes in August 2021, when the expiry period is amended again – and this is specifically focused on rent arrears.

Ground Pre 1st June 2021 Post 1 June 2021 Post 1st August 2021
Ground 1 – Landlord’s principle home 6 months 4 months Stays at 4 months
Ground 2 – Mortgage repossession 6 months 4 months Stays at 4 months
Ground 3 – out of season holiday let 6 months 4 months Stays at 4 months
Ground 4- let to student 6 months 4 months Stays at 4 months
Ground 5- property require for use by minister of religion 6 months 4 months Stays at 4 months
Ground 6- Demolition 6 months 4 months Stays at 4 months
Ground 7 – Death of Tenant 3 months 2 months Stays at 2 months
Ground 7A – Serious Anti-Social – including being convicted of a serious offence/a closure order being made in respect of the property 3 months 1 month Stays at 1 month
Ground 8 – Rent arrears at the time of serving the Notice and at the time of the hearing Where arrears were at least 6 months, the notice period was 4 weeks.
If the arrears were less than 6 months, then the notice period was at least 6 months
Where arrears are at least 4 months, the notice period is 4 weeks
Where rent arrears are less than 4 months, the notice period is at least 4 months
From the 1st August 2021, this reduces to 2 months’ Notice where the arrears are less than 4 months
Ground 9 – Alternative Accommodation Available 6 months 4 months 4 months
Ground 10 – Some Rent arrears at the time of the notice and at the date of the hearing Where arrears were at least 6 months, the notice period was 4 weeks.
If the arrears were less than 6 months, then the notice period was at least 6 months
Where arrears are at least 4 months, the notice period is 4 weeks
Where rent arrears are less than 4 months, the notice period is at least 4 months
From 1 August 2021, 2 months’ Notice where arrears are less than 4 months
Ground 11- Persistent Late payment Where arrears were at least 6 months, the notice period was 4 weeks.
If the arrears were less than 6 months, then the notice period was at least 6 months
Where arrears are at least 4 months, the notice period is 4 weeks
Where rent arrears are less than 4 months, the notice period is at least 4 months
From 1 August 2021, 2 months’ Notice where arrears are less than 4 months
Ground 12- Breach of Tenancy other than rent 6 months 4 months 4 months
Ground 13 – Tenant has deteriorated property 6 months 4 months 4 months
Ground 14 – Nuisance/annoyance/illegal or immoral use of property None – Expiry upon service of the notice None – Expiry upon service of the notice None – Expiry upon service of the notice
Ground 14A – Domestic Abuse – where Victim has left the property 2 weeks 2 weeks 2 weeks
Ground 14Z – Rioting 2 weeks 2 weeks 2 weeks
Ground 15 – Tenant has deteriorated furniture in property 4 months 4 months 4 months
Ground 16 – Employment 4 months 4 months 4 months
Ground 17 – False statement 2 weeks 2 weeks 2 weeks

 

As you can see, from the 1st August 2021, the notice period decreases further for any landlords experiencing difficulties where Tenants have and are continuing to fail to pay rent. This means that any Notices previously served under a more lengthy period, if they have not expired, or have a significant time period left to expire, could now be withdrawn, and a new notice re-issued in line with the revised expiry periods. In any event, the 12-month validity for a Section 8 Notice remains from the date the Notice was issued.

The alternative to serving a Section 8 Notice, is to use a Section 21 Notice – or Form 6A as they are now entitled. The Notice itself and the expiry period for this notice also changed during the pandemic. Prior to the pandemic, the Notice would be valid for 6 months, however would take 2 months to expire on the Tenant, leaving the Landlord with 4 months to issue court proceedings if the Tenant had not vacated. However, this expiry period was extended during 26th March 2020 – 28th August 2020 to 3 months. During the period from 29th August 2020 until 31st May 2021, a Section 21 notice/Form 6A was valid for 10 months but took 4 months to expire on the Tenant once served, leaving the Landlord with 6 months to issue Court proceedings before the Notice becomes invalid and the Landlord needs to serve a new notice.

From the 1st June 2021, Legislation was released to reduce this period again to 8 months in that the Notice took 4 months (instead of 6) to expire, and then the Landlord had a further 4 months to issue proceedings if the Tenant had not vacated the property.

Wales also has a different notice period, and currently, for any Section 21 Notices, the Notice period was extended again, from the 30th June 2021, is now in place until the 30th September 2021, under the Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) ( No. 2) (Wales) Regulations 2021.

There has also been a further change in the expiry periods under Section 8 Notices for Wales, and these have been listed below. These dates are currently in force until the 30th September 2021 for Wales and are likely to be reviewed further closer to their expiry time.

Ground Pre 1st June 2021 Post 1 June 2021 Post 1st August 2020, until the 30th September 2021 (minimum)
Ground 1 – Landlord’s principle home 6 months 6 months Stays at 6 months
Ground 2 – Mortgage repossession 6 months 6 months Stays at 6 months
Ground 3 – out of season holiday let 6 months 6 months Stays at 6 months
Ground 4- let to student 6 months 6 months Stays at 6 months
Ground 5- property require for use by minister of religion 6 months 6 months Stays at 6 months
Ground 6- Demolition 6 months 6 months Stays at 6 months
Ground 7 – Death of Tenant 3 months 6 months Stays at 6 months
Ground 7A – Serious Anti-Social – including being convicted of a serious offence/a closure order being made in respect of the property 3 months 3 months Stays at 1 month
Ground 8 – Rent arrears at the time of serving the Notice and at the time of the hearing 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears
Ground 9 – Alternative Accommodation Available 6 months 6 months 6 months
Ground 10 – Some Rent arrears at the time of the notice and at the date of the hearing 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears
Ground 11- Persistent Late payment 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears 6 months, no matter the amount of arrears
Ground 12- Breach of Tenancy other than rent 6 months 6 months 6 months
Ground 13 – Tenant has deteriorated property 6 months 6 months 6 months
Ground 14 – Nuisance/annoyance/illegal or immoral use of property 3 months None – Expiry upon service of the notice None – Expiry upon service of the notice
Ground 14A – Domestic Abuse – where Victim has left the property 6 months 2 weeks 2 weeks
Ground 15 – Tenant has deteriorated furniture in property 6 months 6 months 6 months
Ground 16 – Employment 6 months 6 months 6 months
Ground 17 – False statement 6 months 6 months 6 months

 

Please do not hesitate to contact our property team by calling 01903 229999 or by emailing info@bennett-griffin.co.uk should you have any queries regarding the above, or should you require us to serve the relevant Notices for you in respect of your properties.

Disclaimer: Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.