After over a year of changes within the PRS and announcements that have usually been made late on a Friday afternoon or on a Sunday evening, the Government announcement yesterday, gives landlords, lettings agents and legal professionals some time to prepare for further amendments to notice periods and the eviction process.

The Notice Period - Section 21 (Form 6A)  

From 1 June 2021, as part of a phased approach, notice periods – previously extended to 6 months as an emergency measure, the notice period for Section 21 (Form 6A) will be reduced to four months' notice. The Housing Minister announced that notice periods could also return to pre-pandemic levels from 1 October 2021, subject to the public health advice

The Notice Period - Section 8

The Section 8 notice differs to the Section 21 in that it relates to breach of contract.  Since August 29th, 2020, the notice periods was dependent on the Grounds being relied upon and in some cases were amended due to the extenuating circumstances the Government felt needed to be addressed. And this time around, it's no different

From the 1st June 2021, notice periods that are currently 6 months will reduce to at least 4 months. Notice periods for the most serious cases  that present a strain on landlords will be lower:-

• Ground 7 - Death of a Tenant (2 months’ notice)
• Ground 7B - Breach of Immigration rules ‘Right to Rent’ (2 weeks’ notice)
• Ground 8 - Over 4 months’ accumulated rent arrears (4 weeks’ notice)
• Ground 14 - Anti-Social Behaviour (immediate to 4 weeks’ notice)
• Ground 14A - Domestic Abuse in the social sector (2 to 4 weeks’ notice)
• Ground 17 - False Statement (2 to 4 weeks’ notice)

Notice periods for cases where there are four or more months’ of unpaid rent, will reduce to 2 months’ notice from 1 August 2021. This is to support both landlords and tenants in response to the greater difference between COVID and pre COVID notice periods for rent arrears.

The Eviction Ban 

As a result of the Pandemic, the backlog in the courts is insurmountable as landlords patiently wait in line for claims to be heard. Whilst possession may have been granted, even pre-Covid, evictions were suspended and this current ban on bailiff-enforced evictions, introduced as an emergency measure during lockdown, will now come to an end on 31 May 2021.

Courts will continue to prioritise the most serious cases, such as those involving fraud or anti-social behaviour, with many of the evictions waiting to be enforced when the ban lifts predating the pandemic.

Please note, 14 days’ notice is required before an eviction can take place. Therefore, no evictions are expected to take place before mid-June except in the most serious circumstances. Bailiffs have been asked not to carry out an eviction if anyone living in the property has COVID-19 symptoms or is self-isolating.

What Next ?

1. The most recent changes to the Section 8 notice (Form 3) saw the publication of a new template as a result of the "Breathing Space" moratorium which came into force on the 4th May 2021. Therefore, new forms will have to be amended & published to reflect the changes to be implemented on June 1st, 2021.

2. This week the government announced that a White Paper will be published in the Autumn that will set out proposals to create a fairer private rented sector that works for both landlords and tenants

What does this mean in practice? 

On the 19th December 2019, at the state opening of Parliament the Queen’s Speech announced a Renters’ Reform Bill that would abolish the use of ‘no fault’ evictions by removing Section 21 (Form 6A) and reforming the grounds for possession of Section 8.

During the Queen's Speech at the opening of Parliament on Tuesday, 30 pieces of legislation were put put forward by the Conservative Government, including modernising the planning system to enable more homes to be built, more help for first time buyers, and a promise to ‘enhance the rights of those who rent’, a reference to the yet-to-be introduced Renters Reform Bill.

This overhaul will be one of the most significant changes in the Private Rented Sector since the Housing Act 1988, and only through a great deal of discussion and consultation can the proposed changes be an improvement on what has been a "test drive" over the last year.