Possession Notices

In most cases, the length of notice that needs to be given to a tenant has increased to at least six months.

Please see here for technical guidance.

Possession notices can be downloaded from our website here.

England

From 1 June 2021, the length of section 21 is reduced to 4 months.

From 1 June 2021, the length of section 8 notice depends on grounds but notably, where the tenant is in rent arrears of 4 months or more, 4 weeks notice can be given (reduced from 6 months arrears). Where the tenant is less than 4 months arrears, 4 months notice is required (reduced from 6 months notice).

From 1 August 2021, where the tenant is less than 4 months arrears and grounds 8, 10 and 11 are used (rent arrears), the length of notice is reduced to 2 months notice.

Subject to the public health advice and progress with the Roadmap, notice periods will return to pre-pandemic levels from 1 October 2021.

Please see here for length of section 8 notices in England.

Wales

Section 21 is 6 months notice.

Please see here for length of section 8 notices in Wales.

Applying to the Court

After a notice has expired, an application to the court can be made. However, slightly modified rules apply and there will likely be extensive delays in particular with hearings.

Of particular note is the requirement to include with any claim a notice about how the tenant has been affected by Coronavirus (to the best of the landlords knowledge and belief). Where there is to be a hearing, the notice will have to be sent to the tenant beforehand.

For comprehensive guidance on seeking possession, please see this guidance.

Enforcing a Possession Order

At the time of writing, most evictions are banned until at least 31 May 2021. for England and 30 June 2021 for Wales.There are exceptions including anti-social behaviour (England and Wales) or rent arrears of more than 6 months (England).