What do the new possession rules mean for my client?

This is a long form article explaining the changes to notice periods and the end to the ban on bailiff-enforced evictions in England from 1 June 2021. The advice in this article applies to England only.

Notice requirements

On 12 May 2021 Schedule 29 to the Coronavirus Act 2020 was amended by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (№2) Regulations 2021. The new notice requirements mean that for most notices served on or after 1 June 2021 the notice period will be four months. This includes Section 21 Notices. The exceptions to this will depend on the date the notice was served, your client’s tenancy status and the ground or case the landlord is relying on to seek possession. Note that notices on some rent arrears grounds change on 1 August 2021. The exceptions to 4 months notice are;

Secure and flexible tenancies

4 weeks notice (where only the following grounds are relied on)

• Ground 1: rent arrears are 4 months or more
• Ground 2ZA: the tenant has been convicted of an indictable offence at riot
• Ground 2A: domestic violence where the survivor has left and perpetrator remains
• Notice in relation to mandatory ground for possession due to anti social behaviour (ASB) (s.84 housing act 1985)
• Ground 5: tenancy was obtained by false statement

No notice period required

• Ground 2: ASB serious or otherwise

2 months notice

• Notice served on or after 1 August 2021 on Ground 1 where the rent arrears are less than 4 months, and no other ground is relied on

Introductory tenancies & demoted (former secure) tenancies

4 weeks notice

• there are allegations of antisocial behaviour, which correspond to Grounds 2ZA, 2A, and 2 and Section 84A (3) to (7) Housing Act 1985
• there are at least 4 months rent arrears, which corresponds to Ground 1
• the tenancy was obtained by false statement, which corresponds to Ground 5

2 months notice

• notice is served on or after 1 August 2021, and the above 3 situations are not being relied on, for example where the rent arrears are less than 4 months

Assured and Assured Shorthold tenancies

Section 21 Notices

6 months notice

• Periodic tenancies where the periods of the tenancy are 6 monthly or yearly. The landlord must issue a claim for possession within 4 months of expiry of the notice.

Section 8 notices

2 months notice

• Ground 7: death of tenant, where Grounds 1 to 6, 9, 12, 13, 15 or 16 are not being relied on. If Grounds 8, 10 and 11 are included, where rent arrears are less than 4 months.

4 Weeks notice

• Grounds 8, 10 and 11: where rent arrears are 4 months or more, and Grounds 1 to 6, 9, 12, 13, 15 or 16 are not being relied on

Notice period equivalent to period for notice to quit (for periodic tenancies this is the period of the tenancy, and for fixed term tenancies this is one month)

• Ground 7A: mandatory ground for conviction of specified criminal offences

2 weeks notice

• Ground 7B: no right to rent
• Ground 14A: Domestic violence and perpetrator remains after the survivor has left
• Ground 14ZA: The tenant has been convicted of an indictable offence at riot
• Ground 17: Tenancy granted on a false representation

No notice required

• Ground 14: for nuisance, annoyance, illegal or immoral use of the property. If combined with ground 7A Notice To Quit period is required.

2 months

• Grounds 8, 10 or 11 served on or after 1 August 2021, where the rent arrears are less than 4 months and no other ground is relied on

There are also exceptions for Rent Act 1977 protected tenancies — Citizens Advice advisers who need support to advise a client with this type of tenancy can raise a 2nd tier consultancy query with the Housing Expert Advice Team.

Relying on multiple grounds which have different notice periods

Where a landlord intends to rely on two or more grounds or cases with different notice period requirements, then they will have to give the greater notice period required. The exception to this is if they relying on;

• ground 2 for Secure tenancies where no notice is required or
• ground 14 for Assured/Shorthold tenancies (where no notice is required, unless combined with 7A when NTQ period will be needed)
• introductory/demoted tenancies where the tenancy was obtained by false statement (4 weeks notice required)

If you are unsure of your client’s tenancy status Citizens Advice advisers and other subscribers can use the tenancy checker flowcharts on AdviserNet. You can also read more about notice requirements and grounds for possession for secure and flexible tenancies and Assured and assured shorthold tenancies: notice and grounds for possession on AdviserNet.

Example 1

Alysia is an assured shorthold tenant, she moved into her home in 2017 and had an initial 6 month fixed term agreement. Since this time Alysia has not signed any further fixed term agreement. Alysia’s landlord wants to increase the rent by £300 per month — Alysia can not afford the rent increase so her landlord wants her to leave. From 1 June 2021 Alysia’s landlord can serve a Section 21 notice giving her 4 months notice.

Example 2

Thomas is a secure tenant, he was arrested and charged with assault against his partner. Thomas’s partner has now left the home and is living somewhere safe. Thomas’s landlord can serve a 2 week notice relying on ground 14A and apply for a possession order once the notice has expired.

Eviction Ban

On 12 May 2021 the government announced that the bailiff-enforced eviction ban would not be extended. The ban came to an end on 31 May 2021. This means that from 1 June 2021 where a final order of possession has been made (regardless of the ground on which possession was ordered) and on a landlord or creditor’s application, warrants of eviction will be issued by courts and delivered to tenants. Warrants must give at least 14 days notice of the eviction date — this means that evictions that were previously ‘banned’ can start to resume from the week commencing 15 June 2021.

Evictions where a possession order was granted due to;

• illegal trespass or squatting by persons unknown,
• nuisance or antisocial behaviour,
• domestic abuse, fraud or deception
• properties unoccupied following the death of the defendant
• Substantial rent arrears

will continue as they did before the ban ended and can go ahead before the week commencing 15 June 2021.

Bailiffs will not carry out an eviction if they are made aware that the tenant or anyone they live with if they;

• Have coronavirus symptoms
• tested positive for coronavirus
• are waiting for a test result or
• have been instructed by the NHS to self-isolate

The tenant should inform the court if this applies to them, explaining when the symptoms started and/or how long they have been in self-isolation for. The bailiff appointment should be rescheduled for a later date with a minimum of 14 days’ notice

Example 3

Jenny is an assured tenant, her rent is £650 per month. Jenny lost her job and got into rent arrears. Jenny received a 4 week notice on grounds 8, 10 and 11 in December 2020 when her arrears were equivalent to more than 6 months rent. Her landlord applied for a possession order in January 2021 once the notice had expired. At a court hearing in April 2021 a possession was granted,and once the order expired the landlord applied for a Warrant of eviction. Jenny received a warrant on 26th May and the warrant is due to be executed on 11 June 2021. Jenny’s eviction can go ahead.

Example 4

Malakai received a s.21 notice in September 2020 and was given 6 months notice. Malakai was unable to find somewhere else to move to so his landlord applied for a possession order via the accelerated possession process in March 2020. A possession order was granted and expired on 30 May 2021. Malakai’s landlord can now ask the court to issue a warrant of eviction. Malakai will be given 14 days notice of when the eviction will take place.

Citizens Advice advisers can raise a consultancy query with the Expert Advice team if they need support to advise a client — you can find more information about specialist housing advice on AdviserNet.

This article was written by Mark Rayfield and Vicky Allen, both housing experts in the Expert Advice Team at Citizens Advice.

The information in this article is correct as of the date of publication.

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