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At the end of last week, the government announced landlords and agents must give tenants at least six months’ notice of Section 21 evictions from 29th August although some important exemptions will apply until 31st March 2021 as follows :-

anti-social behaviour - four weeks

domestic violence - two to four weeks

rent arrears over six months - four weeks

obtaining a tenancy through fraud - two to four weeks

immigration/right to rent cases - three months.

Also the period within which a Section 21 notice can be used is increased from six to ten months otherwise the notice period would end on the same day the eviction notice expires.  Landlords and agents therefore have an extra four months to obtain a court hearing date.  The six month period in cases where landlords need to regain possession of a property in order to live in it, will remain.

This new legislation is not retrospective so Section 21 notices served before 28th August should include at least three month’s notice though in future must be served on the basis of six months. 

In addition, landlords will need to set out from 20th September relevant details about a tenant’s circumstances in their claim, including information on the effects the Covid-19 pandemic - otherwise court proceedings could be adjourned.

For further details or general market advice, please get in touch with us ASAP!

Jeremy Leaf BSc FRICS FARLA FNAEA