Legal changes about rent 

 

From 1 June 2021, landlords must serve at least 4 months notice in all but the most serious cases.

Notice periods for cases where possession is sought on the grounds of the death of the tenant or where the tenant is in breach of immigration rules and does not have a right to rent a property in the United Kingdom are  2 months and 2 weeks notice. 

The threshold for serious arrears (where the shorter 4 week notice period can be used) is 4 or more months rent is in arrears.

A 4-month notice period is required for all other grounds, including Section 21 notices and termination of local authority flexible tenancies.

For cases where possession is sought on rent arrears grounds but the arrears do not meet the threshold for the ‘serious’ notice period 4 months arrears  the notice period will reduce again on 1 August to two months.

 

A tenant has an introductory or demoted tenancy for cases concerning anti-social behaviour (including rioting), domestic abuse, false statement, and rent arrears of at least 4 months, a 4-week notice period is required.

 

From 1 August 2021, the notice period where there are less than four months’ rent arrears will further reduce to 2 months. Otherwise, notice periods for Introductory and Demoted Tenancies will be 4 months.

 

At the expiry of the notice period, a landlord cannot force a tenant to leave their home without a court order. When the notice period expires, the landlord will need to take court action if the tenant was unable to move.

It is strongly advised that landlords do not commence or continue eviction proceedings during this challenging time without a very good reason.

Where appropriate, if disputes over rent or other matters persist, landlords and tenants are encouraged to consider mediation. Mediation allows an independent third-party to assist those involved to reach a mutually acceptable agreement to resolve their dispute.

The government is funding a possession mediation service for cases that have reached court, which is free to use for landlords and tenants ,mediation can take place at any point during the possession action process, further information on mediation please refer here.

For further information about possession proceedings during the coronavirus (COVID-19) outbreak, please refer the technical guidance on eviction.

Where a landlord gives a tenant a valid Section 21 notice between29 August 2020 and 31 May 2021 inclusive, the notice will be valid for:

10 months from the date it is given to the tenant, where Section 21(4D) applies; or

4 months from the date specified in the notice as the date after which possession is required, if Section 21(4E) applies.

 

 

 

This is a summary to the key parts of the Coronavirus Act 2020 and MHCLG guidance for landlords and tenants.

 

The key points

• From the 01st June 2021 the minimum notice period that can be given is 4 months.
• Less notice can be given in “the most serious cases” (see table below).
• The new guidelines about NOSPS will remain in force until 1st August  2021.
• From the 1st August 2021 where there are arrears of less than 4 months, the minimum notice period will reduce to 2 months.
• There is a new NOSP template from 29 August (attached).
• “Strong advice to landlords not to serve new NOSPs or take possession action “during this challenging time without a very good reason” remains.
• The Govn also continues to advise tenants that rent is still legally due and they should pay it, seek help if they need to and speak to their landlord if they get into difficulties.
• Landlords are asked to offer “support and understanding” to tenants.
• Previous guidance has also stressed that courts will expect landlords to provide them with information about the impact of Covid-19 on the tenant when possession action is taken.
• The table below is about secure tenancy NOSPs but there are similar changes to Notices for Introductory and Demoted

Extract from MHCLG guidance on secure tenancy NOSP periods

Summary of Ground	26th March 2020-28th August 2020	29th August 2020-31 May 2021	From 01st June 2021
1.Rent arrears or breach of tenancy condition	3 months	4 weeks where arrears are at least 6 months. 6 months where arrears are less than 6 months	4 weeks where arrears are at least 4 months.  4 months where arrears are less than 4 months. From 1 August 2021, 2 months where arrears are less than 4 months
2.Nuisance or illegal or immoral use of property	3 months	None	None
2a. Domestic abuse (where victim has permanently left)	3 months	4 weeks	4 weeks
3. Deterioration of property (tenant at fault).	3 months	6 months	4 months
5. False statement	3 months	4 Weeks	4 weeks
13. Accessible flat that tenant doesn’t need	3 months	6 months	4 months
15. Housing for people with special needs no longer requires it	3 months	6 months	4 months
15a. Succession – property too big	3 months	6 months	4 months

 

Note about court proceedings and evictions

• Council policy is that no tenants will be evicted because of rent arrears caused by coronavirus.
• The court team have reviewed our eviction cases and are in touch about any on your patch.
• All NOSPS need to be signed off by a landlord services manager for now.
• Further briefings will follow as things change / developments. Full Government guidance here.

Note about private sector tenancies

• The Government is in the process of extending the rent pre-action protocol to the PRS. This means, in a nutshell, that PRS landlords will be expected to have taken the same understanding approach to tenant’s circumstances as social landlords before taking a tenant to court.
• In our stock this particularly affects Camden Living tenancies and leaseholder sub-tenants.

 

Updated guidance 15/6/21.