Landlord & Tenant Covid Update
This is my third blog post on renting in a pandemic, each blog post highlighting the changes surrounding the law on serving a Section 21 notice and the effect of the Coronavirus Act.
Update on Serving a Notice
As previously explained, prior to the Coronavirus Act a Section 21 notice had to give the tenant at least 2 months’ notice to leave the property. However, over the course of the pandemic the notice period increased. Between 26 March 2020 and 28 August 2020, the notice period increased to at least 3 months and between the 29 August 2020 and 31 May 2021 the notice increased to at least 6 months. However, we are now seeing a departure from the previous trend and for notices served on or after 1 June 2021, the notice period has decreased to at least 4 months.
Update on Possession Proceedings
The regulations have also reduced the period in which the notice is valid and possession proceedings must be commenced. Where a landlord gave notice between 29 August 2020 and 31 May 2021, the notice was/is valid for 10 months. However, for notices served on or after 1 June 2021 possession proceedings must be commenced within 8 months from the date of service.
Update on Enforcement
At the time of writing my last blog post the regulations prevented attendance at a dwelling for the purpose of executing a writ or warrant of possession or serving an eviction notice. However, this came to an end on 31 May 2021. Therefore, bailiffs and enforcement agencies are now able to execute a writ or warrant of possession.
It can be difficult to keep up with ever-changing law so if you wish to speak to a member of our Litigation team about your rights as a landlord or a tenant please do get in touch and we would be happy to assist,
Similarly, if you are a landlord or tenant seeking non-contentious advice please do get in touch with our Residential or Commercial team.