New section 8 & 21 Notice period
The Government has passed legislation to return notice periods to their Pre-COVID-19 levels in England.
The notice periods have changed multiple times to the dismay of many landlords since March 2020.
Notice periods from 1 October 2021
From the 1 October 2021, notice periods will return to their Pre-COVID-19 levels. This means that the following notice periods will be applicable for assured shorthold tenancies:
For Section 21 (England), the Notice period is 2 months from 1 October 2021.
The Section 8 notice using any of grounds 1, 2, 5, 6, 7, 9 or 16 the notice period is two months.
Section 8 rent arrears grounds (8, 10 and 11) the notice period is two weeks
Section 8 using grounds 3, 4, 7b, 12, 13, 14A, 15 or 17 notice period is two weeks
Section 8 ground 7a (anti-social behaviour with a conviction) the notice period is one calendar month
Section 8 uses Ground 14 (the discretionary ground for anti-social behaviour). The notice period is immediately from the time the notice is deemed received by the tenant.
Can I backdate the notice?
This is a big No! any notices served before 1 October are required to comply with the legislation at that time.
However, you can revoke an existing notice by giving the notice to cancel and reserve a new section 21notice giving 2 months.
Could notice periods be extended again?
It all depends on COVID-19 and how well we control the virus. The UK Government retains the legal power to reintroduce more extended notice periods again if COVID-19 becomes a serious problem again.
Yes, you must use the new forms; they can be downloaded from our website under the services page.
The wording in the new forms has changed considerably.
Has the notice periods changed for Wales too?
No, but this could change shortly. The notice period for a section 21 Notice in Wales currently is six months.
You must seek legal advice before serving a section 8 or 21 notice.
Author: Amanda Goldsmith
Date: 30th of September 2021
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