The Ministry of Housing, Communities and Local Government has announced that The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 (as amended) will not be further extended after they expire on 31.5.21.
This means that the de facto prohibition on most evictions in England shall cease on 31.5.21 and will not be extended any further. In Wales, the ‘ban’ is in place on most evictions until 30.6.2121.
As you are aware, CPR r.83.8A(2) requires 14 days’ notice of eviction to be delivered to the premises, therefore, the earliest date on which enforcement action, other than that which was already exempt, can take place is 15.6.21.
The extended section 8 and section 21 Housing Act 1988 notice periods shall remain in place for notices delivered/served from 1 June 2021 onwards.
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 amend Schedule 29 of the Coronavirus Act 2020, by extending the period during which these longer notice periods are required, until 30.9.21.
MHCLG has stated, “Subject to the public health advice and progress with the Roadmap, notice periods will return to pre-pandemic levels from 1 October [2021].”
Section 21 notices
Wales
- In Wales, since 24 July 2020 and up until 30 June 2021, a s21 notice must give at least 6 months’ notice.
- The Welsh Ministers have not yet confirmed what the position shall be after 30 June 2021
England
- In England, since 29 August 2020 and up until 31 May 2021, a s21 notice must give at least 6 months’ notice.
- 4 months’ notice will be required for s21 notices served in England from 1 June 2021 onwards. Said notices are valid for 8 months from when they are served (reduced from 10 months), meaning a claim must be brought before this shorter deadline expires.
Section 8 notices
Wales
- In Wales, since 24 July 2020 and until at least 30 June 2021, there must be at least 6 months’ notice
- In Wales, the only exception to the 6-month requirement is for grounds relating to anti-social behaviour, the notice period for which has reverted to the pre-pandemic requirements of no more than 1 month, depending on the type of tenancy and the ground used.
England
- In England, from 1 June 2021 onwards, 4 weeks’ notice is required for Grounds 8, 10 or 11, if rent arrears are 4 months or more
- If arrears are less than 4 months and Grounds 8, 10 and/or 11 are relied upon (and no other Grounds are invoked), then notices served between 1 June 2021 and 31 July 2021 must give 4 months’ notice. From 1 August 2021, such a notice must give 2 months’ notice.
- 4 months’ notice is required for most other Grounds
- 2 weeks’ notice shall be required for Grounds 7B, 14A, 14ZA or 17.
The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2021 come into effect on 1 June 2021. As per their title, they apply in England only.
Please note that landlords will need to use these versions of the Forms from 1 June 2021 in order to be serving a valid notice.
