Changes to notice periods in England from 1 October 2021 – Section 21

UPDATE–30^TH September 2021

The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 coming into force on 1 October 2021 means that notice periods will now revert to pre-covid time.

What does this mean? 

This means that the notice period for section 21 notice will revert to 2 months’ notice and section 8 notices relying on grounds 8, 10, and 11 will revert to 2 weeks.

In addition, the Government is also publishing Form 6A (for Section 21) and Form 3(for section 8) which will come into force from 1st October 2021. It is therefore important that landlord/agent use the correct notice that is in force once they intend to serve notice on a tenant.

Notices must be in a prescribed form, as such the court will generally not accept notices served on the wrong version of the form.

The position remains that section 21 cannot be served within the first four months of a fixed-term tenancy.

If you are a landlord considering section 21 notice, it may be quicker for you to consider waiting until 1st October rather than having to serve a notice for 4 months.

Here’s a reminder of the state of play, provided by Adel Jibs Solicitors

– Since June 1 2021, most possession notices have required the landlord to give a minimum of four months’ notice if they serve either a Section 21 or a Section 8 Notice;

– From June 1 2021, landlords have been required to serve four months’ notice (either a Section 21 or a Section 8 Notice) in all but the most serious cases;

– Additionally, from August 1 2021, notice periods in cases of ‘non-serious rent arrears (less than four months’ rent is due) reduced to two months’ notice;

– From October 1 2021, the notice period required for Section 21 notices will be two months and Section 8 notices will revert back to only two weeks, based on rent arrears grounds 8, 10 and 11.

Any notices served before 1 October 2021 will still need to comply with the current rules so will typically require four months’ notice.

With a day left until the provision takes, effect, it will be best to wait until before service of section 21.

If you are a landlord, it is important to note that Form 6a (Section 21) and Form 3 (Section 8) are prescribed forms that should now be used, so it is therefore important to ensure the correct version before service.

If you have any queries about the changes to notices, whether you are a landlord or tenant, our Solicitors in Edmonton, Enfield are able to assist you. Contact us and we will be happy to assist you.