Changes to S21 and S8 Notice periods

Will Bartley, Executive in our Property Litigation Team, provides an overview of the changes to Section 21 and Section 8 Notice periods for residential tenancies.

What is the current Notice period for residential evictions?

The Government has announced, as expected, that from 1st June 2021 Notice period time-frames for residential evictions will be changing, due to the ongoing Pandemic recovery.

The Government, in reaction to the Pandemic, had increased S21 Notice periods to 6 months from its previous 2 month period and had extended the S8 Notice period for rent arrears from 2 weeks to 6 months, apart from in the most serious cases of 6 months’ or more of rent arrears, which had been extended to 4 weeks.

How much notice do landlords need to give tenants?

From 1st June 2021, notice periods that are currently 6 months (i.e S21 Notices and most rent arrears S8 Notices) will reduce to at least 4 months. Notice periods for the most serious cases that present the most strain on landlords will also be shortened. This includes the following:

  • anti-social behaviour (immediate to 4 weeks’ notice)
  • 4 months’ or more accumulated rent arrears (4 weeks’ notice)
  • Under 4 months’ or more of accumulated rent arrears (2 months’ notice from August 1st 2021)

Notice periods for cases where there is less than 4 months’ of unpaid rent, will reduce again to 2 months’ Notice from 1st August 2021. This is to support both landlords and tenants and responds to the greater difference between COVID and pre COVID Notice periods for rent arrears.

What do the changes to S21 and S8 mean for landlords and tenants?

Housing Minister, Rt Hon Christopher Pincher MP said:

“From the beginning of the pandemic, we have taken unprecedented action to protect renters and help keep them in their homes.

As COVID restrictions are eased in line with the Roadmap out of lockdown, we will ensure tenants continue to be supported with longer Notice periods, while also balancing the need for landlords to access justice.

Crucial financial support also remains in place including the furlough scheme and uplift to Universal Credit”.

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