The Law Society – Eviction notice extension comments

by Property118.com News Team

11:57 AM, 3rd September 2020
About 3 months ago

The Law Society – Eviction notice extension comments

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The Law Society – Eviction notice extension comments

Tenants in England facing eviction have been granted a notice period extension from three months to six in new government legislation.

This will apply to notices being served to both private and social tenancies from 29 August and until March 2021.

This new notice period will apply to all notices, including Section 21s*, but will exclude the most egregious** cases which have been returned to their pre-Covid levels.

Simon Davis, president of the Law Society of England and Wales said: “This notice period extension will provide relief for those tenants facing eviction, and will give vulnerable tenants the time they need to seek help and find a new place to live.”

These changes come after the government extended the stay on evictions by a further four weeks, now ending on 20 September, and changes to court rules to manage court backlogs and prevent a spike in homelessness.

“The stay extension means courts can continue to make the necessary arrangements to manage cases safely during Covid-19,” said Simon Davis.

“The government and the courts have also passed new court rules and provided extra protections to vulnerable tenants and those who have been significantly impacted by the pandemic.

“However, more needs to be done, including resolving the legal aid deserts currently preventing tenants in some areas from receiving legal advice and making wider legislative changes to prevent a spike in homelessness.”

  • * Section 21 of the Housing Act 1988 allows landlords to end Assured Shorthold Tenancies (AST) without having to give a reason, provided the correct procedure is followed and proper notice is given.
  • ** Landlords will be able to move these cases through as a priority:
  • anti-social behaviour (now 4 weeks’ notice)
  • domestic abuse (now 2 to 4 weeks’ notice)
  • false statement (now 2 to 4 weeks’ notice)
  • over 6 months’ accumulated rent arrears (now 4 weeks’ notice)
  • breach of immigration rules ‘Right to Rent’ (now 3 months’ notice)
  • Further information and guidance can be found here and legislation can be found here.

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Comments

moneymanager

10:44 AM, 4th September 2020
About 3 months ago

"breach of immigration rules ‘Right to Rent’ (now 3 months’ notice)"

Well that's an odd one, from Shelter right now:

"If you fail a right to rent check

The landlord or agent can't legally offer you a tenancy if you fail a right to rent check.

Try and get immigration advice urgently if you're told you don't have permission to live in the UK.

Eviction without a court order

The Home Office sends your landlord a disqualification notice if they find that no one in your home has the right to rent.

Your landlord commits a criminal offence unless they take steps to end your tenancy.

They can give you a 4 week notice of eviction that tells you the date you must leave by.

When this date has passed, your tenancy ends and your landlord can change the locks."

Given the Law Society stated obligation to a 12 week notice period does that in effect mean that landlords can neither eject NOR continue to accept rent from a tenant who's visa has expired?

93Rowanswood

12:22 PM, 4th September 2020
About 3 months ago

I issued a section 21 (6A) to a tenant on the 17th August 2020. This form was taken off the Government web site and specified 3 months notice should be given before application can be made to the courts. As the notice period was extended as of 29/8 to 6 months, do I still fall under the previous criteria (3months) or do I have to reissue the 6A giving 6months? Comments please

michaelwgroves

10:52 AM, 5th September 2020
About 3 months ago

Reply to the comment left by 93Rowanswood at 04/09/2020 - 12:22
As you served before 29 August, your s21 is valid for 3 months notice period. The changes were not retrospective.
On a side note, I usually keep soft copy of previous s21 for my records, but was not quick enough to download before they changed. Does anyone have a soft copy of the government 3 month version they could share?


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