Changes in Tenancy and Possession Regulations: Latest Updates

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.

• Tenancy regulations
• Possession notices
• Landlord guidelines
• Eviction rules
• Housing legislation

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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