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Residential Eviction Update for Landlords

Residential Update Eviction Notices

With the second lockdown now upon us, it would seem a good opportunity to send you all an update on how the industry is tackling evictions.

 

Even though the eviction ban ended several weeks ago, the Government asked bailiffs not to enforce court possession orders in areas with the highest Coronavirus restrictions. Therefore, these areas are temporarily protected from eviction.

 

Evictions can still proceed through the courts; bailiffs will not enforce court orders in Tier 2 and 3 areas. 

 

The new lockdown is currently for the period of 5th November to 2nd December. Enforcement action also cannot take place over Christmas, between 11th December to 11th January, except for serious cases such as antisocial behaviour or domestic abuse. 

 

On 29th August 2020, a new regulation came into force that any possession notice served on a tenant must be for 6 months. This regulation will be in place until 31st March 2021; however, this date is continuously under review and may change.

 

 

 

That said, landlords and managing agents now must serve 6 months' notice before gaining possession. If the rent arrears exceed 6 months, then the notice period will be 4 weeks. 

 

The Government have also allowed for other exceptions to the 6 month rule which include:

      • Domestic abuse or riot - 2 weeks' notice will be sufficient
      • Where landlords are seeking possession as a result of antisocial behaviour - 4 weeks' notice will be sufficient
      • Where tenants are required to vacate the property as a result of failed follow up Right to Rent checks - 12 weeks' notice will be required

 

Due to the constant changes to notices, no written legislation has been published so far. Please see the link to the Government website which clearly outlines what is required and guidance on how notices can be served: Click to read on gov.uk 

If you need any advice on the above matters or anything related to residential property, please feel free to give me a call, I am always happy to help.