There is finally light at the end of the tunnel for landlords who need to evict residential tenants: the moratorium is coming to an end. But commercial evictions are banned until 25 March 2022.
You can still issue proceedings but the courts are progressing matters much slower than they were before the pandemic.
Last year the government extended the legal notice period for Section 8 and Section 21 notices:
The new rules apply to all but the most serious cases.
From June 1 2021, the notice period will be reduced to four months. The government plans to reduce minimum notice periods to their pre-Covid lengths from October 1 2021 (subject to public health advice and the continuing reduction in infection levels).
Landlords can give shorter notice for Section 8 evictions in the following cases:
From August 1 2021, the notice periods are now:
After 29 August 2020, landlords were required to give assured shorthold tenants at least six months’ notice for Section 21 notices under the Housing Act 1988. However, since 1 June 2021, the notice period has been reduced to four months.
You must also use the updated form 6A which reflects the new time periods:
Important note for landlords: if you have already issued Section 21 notices, please be aware that the period in which you can issue a court claim is being continually revised. You must ensure you do not miss a deadline.
From September 20 2020, landlords’ eviction claims must include information about the effects of the Covid-19 coronavirus pandemic.
Fail to provide the correct information and you risk the judge adjourning proceedings.
The government’s new (and long-awaited) code of practice for commercial property encourages tenants and landlords to work together in these troubled times.
The code is designed to help landlords and tenants to map out a recovery plan during the Covid-19 coronavirus pandemic.
It is endorsed by leading organisations including British Chambers of Commerce, the British Property Federation, the British Retail Consortium, the Royal Institution for Chartered Surveyors and UKHospitality.
The legal position on rent arrears remains the same: tenants (and guarantors) are still liable to pay rent in full – unless this is renegotiated by agreement with their landlords.
Tenants who are unable to pay their rent in full should seek an agreement with their landlord to pay what they can (taking into account the principles of the new voluntary code).
But there is nothing stopping landlords from issuing County Court money claims against tenants now. These claims may include interest and costs.
Find out more here about:
Struggling to recover rent arrears? Get more information on your legal rights as a landlord. Contact Coles Miller debt recovery manager Eric Holt.