New statutory instrument also extends application of Schedule 29 of Coronavirus Act 2020 in England to 31 March 2021
New regulations have been issued that extend the minimum notice period for eviction of statutory tenants in the private and social rented sectors in England to six months, with exceptions.
Coming into force from 29 August 2020, the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (SI.No.914/2020) make amendments to Schedule 29 of the Coronavirus Act 2020 under which landlords are required to provide at least three months’ notice of intention to seek possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust.
In particular, the regulations -
- amend Schedule 29 so that it has effect in England until 31 March 2021; and
- extend the required notice period in England to six months, with exceptions where the tenancy is a Rent Act protected or statutory tenancy, a secure or assured tenancy, where the required notice period will be -
- four weeks, where at least six months’ rent is unpaid;
- three months, where the grounds for eviction relate to the tenant’s immigration status or the tenancy is an assured tenancy and possession is sought following the death of the former tenant; and
- where the grounds for eviction relate to anti-social behaviour, domestic violence or acquiring the tenancy as a result of a fraud, the same notice period that applied under the legislation as it had effect before Schedule 29 came into force.
In addition, the regulations -
- disapply the modifications made by Schedule 29 in England where -
- possession of housing let under a secure tenancy is sought under section 83 of the Housing Act 1985 on Ground 2 in Schedule 2 to that Act, the discretionary ground for anti-social behaviour;
- possession of housing let under a secure tenancy is sought under section 83ZA of the Housing Act 1985 on the absolute ground for anti-social behaviour in section 84A to that Act; or
- possession of housing let under an assured tenancy or assured shorthold tenancy is sought under section 8 of the Housing Act 1988 on Ground 7A or 14 in Schedule 2 to that Act which relates to anti-social behaviour offences etc; and
- suspend the application of certain consequential modifications to the prescribed forms for notices given under section 83 of the Housing Act 1985 and section 8 of the Housing Act 1988.
SI.No.914/2020 is available from legislation.gov.uk
See also today's press release from the Ministry of Housing, Communities and Local Government: Government has changed the law so most renters have a 6 month notice period.
