Tenancy Update - Post Coronavirus Act 2020
20th September 2021
20th September 2021
New Notice periods from 1 October 2021
The Coronavirus Act 2020 enabled the Government to make changes to the statutory notices periods for termination of residential tenancies or bring proceedings for possession and you will recall that from late March 2020 those notice periods were extended.
The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 now amends, from 1 October 2021, those notice periods back to the pre pandemic terms.
So notices served under section 21 Notices Housing Act 1988 will revert back to 2 months and those under section 8 Housing Act 1988 on fault based grounds to the original shorter period variable depending upon the type of breach pleaded.
The above also makes changes to the prescribed Form 6A (Section 21 Notice) and Form 3 (Section 8 Notice) to be used. Details of the changes are set out in Schedules 2 and 3 of the above regulations - see here.
Please note that the changes do not take effect in respect of notice served prior to 1 October 2021 and so notices served in the interim period are on the old form and for the longer notices periods - see our advice here. Given though that the changes come in in just two weeks time most landlords might consider waiting two weeks prior to service of any notice so as to take advantage of the shorter expiry period.
Court Fee increase for possession actions from 30 September 2021
The Lord Chancellor has exercised his power to increase court fees periodically and the Court Fees (Miscellaneous Amendments) Order 2021 takes effect from 30 September 2021.
The effect is far from substantial for landlords with no proposed increase in the issue fee of £355 for a possession claim in the County Court. However, there is a minor increase in the fee for seeking the assistance of the County Court Bailiff to evict a tenant following a possession order. The fee raises from £121 presently to £130 following 30 September 2021.
If you have any queries whatsoever, please get in touch with a member of the team on 01435 897297 or firstname.lastname@example.org.
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