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24 August, 2021 Open access

Prescribed form of notice to recover secure-fixed term tenancies in England amended to correctly reflect reduction of required notice period

New statutory instrument corrects errors in previous version of prescribed form available from 1 June 2021 to 23 August 2021

New regulations have been issued in relation to the prescribed form used by landlords in England to seek possession of accommodation let on a secure fixed-term tenancy.

Following the end of the ban on bailiff-enforced evictions in England on 31 May 2021, the government introduced regulations (SI.No.564/2021) that included amendments to schedule 29 of the Coronavirus Act 2020 to taper down the six-month extended notice period to seek possession introduced under the 2020 Act - to four months from 1 June 2021 and to two months from 1 August 2021 - for claims brought on the basis of rent arrears of less than four months during the ‘relevant period’ (which began on 26 March 2020 and ends on 30 September 2021).

However, the tapered notice periods were incorrectly reflected in the prescribed form of notice under the Secure Tenancies (Notices) Regulations 1987 between 1 June 2021 and 23 August 2021 that landlords seeking possession of a secure fixed-term tenancy must use.

To correct the error, new regulations have been brought into force from 24 August 2021 - the Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021 (SI.No.946/2021) - which include a revised form of notice in the schedule to the regulations that correctly reflects the tapered notice periods.

NB - the revised prescribed form, Part II Notice of Seeking Termination of Tenancy and Recovery of Possession, section 83 of the Housing Act 1985, is also available from gov.uk.

SI.No.946/2021 is available from legislation.gov.uk