Regulations outlining how six month notice periods will work in England came into force on Saturday 29 August 2020.
The changes extend the Coronavirus Act 2020 through to 31 March 2021.
This legislation changes will not be applied retrospectively and section notices served prior to Saturday should retain a three month notice period. However any notices issued from 29 August onwards, must be served on the basis of a six month notice period.
Forms 3 and 6a have been updated and published. The validity of a section notice is being extended to ten months in order that it does not expire prior to being actioned.
The legislation has been introduced as a response by the Government to calls for action in areas of most desperate need. The Regulations create a slab structure of notice periods in order to prioritise possession proceedings:
Where notice is served as a result of rent arrears or misleading information, six months notice is required. However if the arrears exceed six months rental payments, the notice period reduces to four weeks.
A number of other scenarios are addressed:
- In cases of domestic abuse or riot, two weeks' notice will be sufficient
- Where landlords are seeking possession as a result of antisocial behaviour, four weeks' notice will be sufficient
- Where tenants are required to vacate property as a result of failed follow up Right to Rent checks, 12 weeks notice will be required
As we review the implications of the latest changes, Lawlors will update existing resources and continue to support our landlords to understand the legislation on your behalf. If you are new landlord or would like additional support with your property management please get in touch. A member of our property management team will be happy to help.