Return to pre-pandemic notice periods for seeking possession of residential tenancies in England from 1 October 2021
Rachel Garton and Jane Curtis-Tanton, 22nd September, 2021
The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (SI 2021/994) (“the Regulations”) were before Parliament on 8 September 2021. The Regulations apply to property in England.
The Coronavirus Act 2020 (“CVA 20”), which came into force on 26 March 2020, extended notice periods in relation to possession proceedings for some residential tenancies in order to protect residential tenants from eviction during the Covid-19 pandemic. Amended several times throughout the pandemic, the Regulations have once again amended Schedule 29 of CVA as follows:-
• From 1 October 2021 paragraphs 2, 3 and 5 to 10(1) of Schedule 29 of CVA 20 are suspended, meaning that the notice period to be given in notices seeking possession of residential properties in England reverts to pre-pandemic notice periods.
• From 30 September 2021 the government retains its powers to reimpose longer notice periods defined as “the relevant period” until 25 March 2022.
• From 1 October 2021 there will be new prescribed forms of notice under Section 8 and Section 21 of the Housing Act 1988 reflecting the pre-pandemic notice periods and incorporating other small amendments including, in the case of Section 21 Notices, moving the notes to a separate document which will be uploaded alongside the Section 21 Notice on the government website.
These changes will not apply to notices served before 1 October 2021
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