On Saturday 29th August 2020 the notice period for section 21 (FORM 6A) and section 8 (FORM S8) changed from 3 months to 6 months, this will remain in place till at least 31st March 2021.
The expiry date of a section 21 (FORM 6A) has been extended from 6 months to 10 months. This means you will need to provide the tenants with at least 6 months notice if you wish to end the tenancy.
The notice period for previously served section 21 (FORM 6A) and section 8 (FORM S8) will remain unchanged.
The new S8 gives the tenants 6 months’ notice for rent arrears UNLESS they owe 6 months in which case it is 4 weeks’ notice.
For anti social behaviour the notice period is 4 weeks
For Domestic violence the notice period is 2 weeks.
For breach of immigration the notice period is 3 months.
There are certain circumstances in which the law says that you cannot seek possession against your tenant using section 21 of the Housing Act 1988. These are:
During the first four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy – see section 21(4B) of the Housing Act 1988);
Where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015
Where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Ministry of Housing, Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015).
Where the landlord has not complied with the tenancy deposit protection legislation;
Where a property requires a licence but is unlicensed
Where the landlord is prevented under section 17 of the Tenant Fees Act 2019. (NB No section 21 notice may be given in relation to a tenancy where a landlord has breached section 1(1) or Schedule 2 of that Act so long as all or part of the prohibited payment or holding deposit has not been repaid to the relevant person or applied to the rent or deposit with the consent of the relevant person).
There will be no court hearings until the 20th September 2020.
If you have any questions please do not hesitate to contact Property management email email@example.com