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Residential possession – where we are at

After the numerous changes to legislation during the height of the Covid-19 pandemic, the majority of the rules have now reverted to their pre-pandemic state.

Section 21 Notice

The notice period for Section 21 Notices has reverted to two months, provided that it does not expire before the end of a fixed term tenancy and is not served within the first four months of the initial tenancy. Once served you have six months to issue a possession claim from the date of the notice, not from the date of expiry.

There is a new prescribed Form 6A which must be used as of 1 October 2021. It is important to ensure that this form is completed accurately as any mistakes will invalidate the Notice.

A new How to Rent Booklet was introduced in December 2020 which must be served at the beginning of the tenancy. A link to it is here. You must have served the How to Rent Booklet, an Energy Performance Certificate and Gas Safety Certificate on the tenant prior to their occupation of the property for the Notice to be valid.

Section 8 Notice

The notice period for Section 8 Notices which rely on grounds 8, 10 and 11 (those primarily used where there are rent arrears) has reverted to two weeks, and can be served at any time that the tenant meets the conditions set out within the grounds are met.

Court claim

Landlords are now entitled to issue court proceedings immediately upon a Notice expiring. We are experiencing significant delays with the court issuing and processing these claims. Hearings are often listed months ahead, rather than weeks. It is therefore adviseable to act as soon as you have an issue with your tenant, rather than waiting.

Bailiff warrants

All stays on bailiff evictions have now ended. Again, we are experiencing significant delays with appointments being listed in some areas of the country.

If you have any queries about the current position, please do not hesitate to contact us and we will be happy to assist you.

Posted by:

Laura Albon

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