Take Notice of the New Notices
New Government regulations now require landlords to give a four-month notice period to tenants before court proceedings can begin (with some exceptions). The four-month notice period includes ‘no fault’ section 21 notices. The extended notice period is due to the current health pandemic and is currently in place until 30 September 2021.
If tenants are not given the correct notice from their landlord, this can be used as a defence in court proceedings. With several changes to notice requirements over the past 15 months, tenants are encouraged to seek legal advice on whether the notice they have received is valid.
Exceptions under the regulations to the four-month notice period include where the landlord gives notice on the grounds of rent arrears or antisocial behaviour.
For notices served on the grounds of rent between 29 August 2020 and 30 September 2021 the minimum notice period is four weeks if the arrears are equal or over –
- Four months’ worth of rent for notices served between 1 June 2021 and 30 September 2021
- Six months’ worth of rent for notices served between 29 August 2020 and 31 May 2021
From 1 August 2021 the minimum notice period will be reduced to two months for notices relying only on the grounds of rent arrears (where the arrears are less than four months’ worth of rent and the four week minimum notice period does not apply).
Swain & Co Solicitors can offer advice and assistance to tenants facing eviction and repossession of their home. Legal aid funding can be offered to clients who are eligible, and assistance can also be provided under the housing possession court duty scheme.
If you wish to discuss your case with one of our specialist housing advisors, please do not hesitate to contact Swain & Co’s housing department on 02392 483322 or by email on firstname.lastname@example.org.
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