With the uncertainty that came with COVID-19 and the widespread knock-on effect that it has had on our great nation, the Government has provided tenants with a number of additional security measures that have meant they are far less likely to lose their homes.
September 2020
The most recent change came over the bank holiday weekend, as new legislation for Landlords and letting agents came in to force on 29 August. Landlords and letting agents are now required to give tenants 6-months’ notice before they can evict, except in the most serious of cases, such as incidents of anti-social behaviour and domestic abuse. This new 6-month notice period will continue to be enforced until 31 March 2021.
Whilst this means that concerned tenants can breathe a sigh of relief, the news has not been welcomed by some Landlords as it means that those looking to sell on their property, in the best cases, will only be able to do so if they sell to another buy-to-let investor with the tenant in situ. Otherwise, tenants must be provided with at least six months’ notice by landlords, prior to seeking possession through the courts in most cases, including section 21 evictions and rent arrears under six months.
Notices served on and before August 28 are not affected by these changes, and must be at least three months.
There are a few exceptions that apply for the worst cases to seek possession; these are:
- anti-social behaviour (now 4 weeks’ notice)
- domestic abuse (now 2 to 4 weeks’ notice
- false statement (now 2 to 4 weeks’ notice)
- over six months’ accumulated rent arrears (now 4 weeks’ notice)
- breach of immigration rules ‘Right to Rent’ (now three months’ notice)
- where tenants are required to vacate property as a result of failed follow up Right to Rent checks (now 12 weeks’ notice)
Read the Coronavirus Act updated Regulations in full
In addition, new court rules have been agreed, which will come into force on September 20 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 information is not provided, judges will have the ability to adjourn proceedings.
Housing Secretary Robert Jenick says, “These changes will support landlords to progress the priority cases while keeping the public safe over winter. We will keep these measures under review and decisions will continue to be guided by the latest public health advice.”
Further Information: https://www.gov.uk/government/news/government-has-changed-the-law-so-most-renters-have-a-6-month-notice-period