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  • Overview

    1. What is the correct notice period for serving a section 21 notice?

    For any notice served before 31 May 2021, the correct notice period is 6 months.

    2. What are the correct notice periods for serving section 8 notices?

    The following applies to all section 8 notices served before 31 May 2021.

    Six months’ notice is required if less than six months rent is owed. Four weeks’ notice is required if more than six months rent is owed and four weeks’ notice in the event of serious antisocial behaviour. Other notice periods include:

    • Domestic Abuse - 2 weeks
    • Rioting - 2 weeks
    • Original tenant has died - 3 months
    • No right to rent - 3 months
    • False statement - 2 weeks
       

    3. Are possession proceedings possible?

    Yes, there is nothing preventing landlords applying to the court for a possession order. The application to Court now requires evidence of the landlord’s knowledge on how the coronavirus pandemic has impacted both the landlord and the tenant.

    Where a Landlord uses the ‘accelerated procedure’, the judge can make a possession order without a hearing taking place. If the Landlord made a claim for possession before 3 August 2020, the landlord will need to notify the court and the tenant that they wish to continue their claim. This is called a ‘reactivation’ notice.

    If the Court decide that a hearing be required, then the next stage would be to set a Review Date. On the Review Date the parties will be expected to discuss the case and attempt to reach a settlement. If an agreement is reached between the parties, the matter will not proceed to a hearing. Alternatively, if the parties cannot reach an agreement, the matter will proceed to a hearing 28 days after the review date. 

    4. Can I enforce a repossession warrant?

    Yes, but only in limited circumstances until 31 May 2021. The restrictions will be eased after this date.

    Limited circumstances include illegal occupation, false statements, anti-social behaviour, perpetrators of domestic abuse, where a property is unoccupied following the death of a tenant and serious rent arrears of 6 months or more.

    Although there isn’t anything preventing Landlord’s from applying for a warrant of possession, the legislation does prevent bailiffs from serving eviction notices.

    Click here to view our Commercial Tenancies Q&A.

  • Related Services

    Property disputes including landlord & tenant and boundary disputes

    We represent clients in all forums including the High Court and County Court, Lands Tribunal, and the First-Tier Tribunal (Property Chamber).  All of our property specialists are members of the Property Litigation Association and we have strong working relationships with specialist surveyors and experts, as well as Chancery barristers. Above all, we recognise that the property world is a business in which personal relationships count and we fully address the human as well as the legal dimension of any problem.

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By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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