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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 six months. From 1 June 2021, the correct notice period is four months. From 1 October 2021 the notice period will be two months, as it was pre-pandemic.

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

    The following applies to all section 8 notices served after 1 June 2021.

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

    • Domestic Abuse - two weeks
    • Rioting – two weeks
    • Original tenant has died - two months
    • No right to rent - two weeks
    • False statement - two 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, from the 1 June 2021 these can be enforced, although the restrictions on carrying out an eviction if anyone living at a property is self-isolating or displaying symptoms remains.

    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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