Changes in Tenancy and Possession Regulations: Latest Updates

 
Ending a Tenancy & Obtaining Possession
An everchanging situation – A further round up
(Changes from June 1
st
 2021)
 
Don Robbie – NRLA
 
 
 
Coronavirus Act 2020
Phase 1- effective 26
th
 March
 
DR
 
Multi-faceted Act to deal with many diverse issues of the pandemic
Several changes for Private Landlords (S81 - schedule 29)
Royal Assent 25
th
 March  2020
Government given right to utilise emergency powers
S21 and S8 Notices served (deemed date of service) from 26
th
 March
and until 28
th
 August must give private (and social) tenants 3 full
calendar months notice to leave property
Courts suspended from processing S21 Applications for Possession
Order and also hearing S28 Possession Order hearings.
S21 and S8 Notices issued before 26
th
 March effectively suspended as
no work would take place on these if courts involved
Revised S21 & S8 Notices and Court documents published
 
 
 
 
Coronavirus Act 2020
Phase 2 - effective 29
th
 August 2020
 
DR
 
29
th
 August 2020 - latest changes started to come into effect
Courts reopened 29
th
 September
Section 21 Notices issued from 29
th
 August required at least 6
months notice with no exceptions!!
Revised notice periods laid out for Section 8 for notices issued
from 29
th
 August with some grounds now requiring 6 months
notice applicable until 31
st
 May 2021
May 12
th
 2021 - New announcement from Housing Minister
     Changes to Possession Notice Periods etc. planned in line with
     Roadmap out of lockdown from 1
st
 June 2021
 
Department of Justice
Revisions to handling of Possession Cases
 
DR
 
Only highly experienced county court judges will hear S21 and S8 cases
in order that tenants situations are fully considered
For all possession cases stuck in the court system, landlords must issue a
reactivation notice 
to court and defendants to confirm cases not
resolved and need to be progressed.
Landlords must also, in cases of rent arrears declare known
circumstances of tenants who have been adversely impacted
financially by the pandemic
Principle of cases progressed in order of receipt at court abandoned
and priority cases progressed first
Rent Arrears statements from landlords must be submitted by landlords in
advance of hearing (pre-hearing assessment)
New S21 and S8 Notices and accompanying court paperwork published
High Court Bailiffs also required to give tenants 2 weeks notice of
eviction
 
Key points re latest S21 Notice
 & Court Forms
 
DR
 
Form 6A period of validity extended from 6 to 10 months due to
revised notice periods to allow time to be received by court
S21 Notice still cannot currently be served to take effect at the
end of a 6 months fixed term due to extended notice periods
Initial 4 months rule of any new tenancy still applies - cannot serve
S21 Notice until this period has elapsed in any case!
Must read Court form N5B carefully 
before 
serving S21 notice -
important new implications, can you fully comply with all
requirements relating to Gas Certificates, EPC, How to Rent
booklet, Licence application compliance, Tenant Fees Act
compliance and no Retaliatory Eviction restrictions.
 
 
Key points re latest S21 Notice
 & Court Forms/procedures (continued)
 
DR
 
From 1
st
 June 2021 - Notice Period will reduce in all cases for
S21 to 4 months
Government will need to issue a new form 6A on 1
st
 June as a
result
Also from 1
st
 June evictions using a county court or high court
bailiff resume as per pre covid arrangements except…
All evictions in Private Rented Sector now require 2 weeks
notice to tenants from appointed bailiffs
 
 
 
Some of the revised Section 8 Notice periods
Notices served from 1
st
 June 2021
New Form 3 issued 4
th
 May and I expect another new version on 1
st
 June
 
DR
 
Mandatory Grounds
 
(7a) Anti-social behaviour – 4 weeks (no change)
 
(7b) Right to Rent breach – from 3 months reduces to 2 weeks
 
(8) Rent arrears (at date of service) less than 4 months – 4 months
    
  4 months and above - 4 weeks
 
Some of the revised Section 8 Notice periods
Notices served from 1
st
 June 2021
 
DR
 
Discretionary Grounds
 
(10) Some rent arrears - 4 weeks  (in conjunction with Ground 8)
(11) Late payment of rent history - 4 weeks (as above)
(14) Nuisance & annoyance to others and/or illegal activities -
             still does not require any notice
(17) Knowingly providing a False statement - still 2 weeks
Intention to revisit all this again for August 1
st
 onwards depending how
roadmap is progressing!
 
 
Winter 2020/21 - Restrictions on evictions
 
DR
 
Evictions was restricted over the Christmas period except in cases of
extreme rent arrears, severe antisocial behaviour and domestic
abuse
Bailiffs will be instructed not to commence evictions except as
above
It’s likely landlords will still be able to pursue proceedings, but will
not be able to enforce via eviction by bailiffs
Period pre- and post Christmas originally set as between 11
th
December and  11
th
 January 2021
Was superceded by lockdown 2 for England from 5
th
 November
and subsequently Tier 1 to 3 directions then by lockdown 3 for
England
Now, no evictions by bailiffs can take place until 21
st
 February
earliest (plus 2 weeks notice served in advance??)
 
Importance of 3
rd
 Party Mediation!!
 
DR &
LC
 
Only credible alternative to legal processes
Could easily resolve things quickly - especially at early stage of
dispute!
Commercial mediation services available to private landlords
Importance of ‘Call before you serve’ initiative locally!!
MHCLG implementing a national resourced mediation service
to use in order to prevent possession cases and take pressure
off county courts!
Landlord Associations continue to lobby for enhanced tenant
financial support in England to address increasing arrears!
 
Supporting information
 
DR
 
Latest MHCLG guidance for Landlords, Tenants & Councils
 
https://www.gov.uk/government/publications/covid-19-and-renting-
guidance-for-landlords-tenants-and-local-
authorities?utm_medium=email&utm_campaign=govuk-
notifications&utm_source=a3983474-ad4b-43d7-9e5c-
87bfe5a6626e&utm_content=daily
 
Latest Update - May 17
th
 2021
Guidance for Landlords and Tenants
Technical Guidance for Eviction Notices
Guidance for Local Authorities
 
JOIN NRLA – DISCOUNTED MEMBERSHIP
D
on.Robbie@nrla.org
.
uk
 – CODE 83
Teresa.Kaczmarek@nrla.org
.
uk
 – CODE 123
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In an ever-changing situation regarding ending a tenancy and obtaining possession, significant revisions have been made from June 1st, 2021 onwards, impacting Section 21 and Section 8 notices, notice periods, court procedures, and eviction rules. The Coronavirus Act 2020 Phase 2 and subsequent developments have enforced new regulations affecting landlord-tenant relationships. Notable changes include extensions in notice periods, revised court forms, and adjustments in mandatory grounds for possession. These adjustments aim to streamline procedures while ensuring compliance with legal requirements. Landlords and tenants must be aware of these evolving regulations to navigate tenancy agreements effectively.


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  1. Ending a Tenancy & Obtaining Possession An everchanging situation A further round up (Changes from June 1st 2021) Don Robbie NRLA

  2. DR Coronavirus Act 2020 Phase 2 - effective 29th August 2020 29th August 2020 - latest changes started to come into effect Courts reopened 29th September Section 21 Notices issued from 29th August required at least 6 months notice with no exceptions!! Revised notice periods laid out for Section 8 for notices issued from 29th August with some grounds now requiring 6 months notice applicable until 31st May 2021 May 12th 2021 - New announcement from Housing Minister Changes to Possession Notice Periods etc. planned in line with Roadmap out of lockdown from 1st June 2021

  3. DR Key points re latest S21 Notice & Court Forms Form 6A period of validity extended from 6 to 10 months due to revised notice periods to allow time to be received by court S21 Notice still cannot currently be served to take effect at the end of a 6 months fixed term due to extended notice periods Initial 4 months rule of any new tenancy still applies - cannot serve S21 Notice until this period has elapsed in any case! Must read Court form N5B carefully before serving S21 notice - important new implications, can you fully comply with all requirements relating to Gas Certificates, EPC, How to Rent booklet, Licence application compliance, Tenant Fees Act compliance and no Retaliatory Eviction restrictions.

  4. DR Key points re latest S21 Notice & Court Forms/procedures (continued) From 1st June 2021 - Notice Period will reduce in all cases for S21 to 4 months Government will need to issue a new form 6A on 1st June as a result Also from 1st June evictions using a county court or high court bailiff resume as per pre covid arrangements except All evictions in Private Rented Sector now require 2 weeks notice to tenants from appointed bailiffs

  5. DR Some of the revised Section 8 Notice periods Notices served from 1st June 2021 New Form 3 issued 4th May and I expect another new version on 1st June Mandatory Grounds (7a) Anti-social behaviour 4 weeks (no change) (7b) Right to Rent breach from 3 months reduces to 2 weeks (8) Rent arrears (at date of service) less than 4 months 4 months 4 months and above - 4 weeks

  6. DR Some of the revised Section 8 Notice periods Notices served from 1st June 2021 Discretionary Grounds (10) Some rent arrears - 4 weeks (in conjunction with Ground 8) (11) Late payment of rent history - 4 weeks (as above) (14) Nuisance & annoyance to others and/or illegal activities - still does not require any notice (17) Knowingly providing a False statement - still 2 weeks Intention to revisit all this again for August 1st onwards depending how roadmap is progressing!

  7. DR & LC Importance of 3rd Party Mediation!! Only credible alternative to legal processes Could easily resolve things quickly - especially at early stage of dispute! Commercial mediation services available to private landlords Importance of Call before you serve initiative locally!! MHCLG implementing a national resourced mediation service to use in order to prevent possession cases and take pressure off county courts! Landlord Associations continue to lobby for enhanced tenant financial support in England to address increasing arrears!

  8. DR Supporting information Latest MHCLG guidance for Landlords, Tenants & Councils https://www.gov.uk/government/publications/covid-19-and-renting- guidance-for-landlords-tenants-and-local- authorities?utm_medium=email&utm_campaign=govuk- notifications&utm_source=a3983474-ad4b-43d7-9e5c- 87bfe5a6626e&utm_content=daily Latest Update - May 17th 2021 Guidance for Landlords and Tenants Technical Guidance for Eviction Notices Guidance for Local Authorities

  9. JOIN NRLA DISCOUNTED MEMBERSHIP Don.Robbie@nrla.org.uk CODE 83 Teresa.Kaczmarek@nrla.org.uk CODE 123

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