Changes to S21 and S8 Notice periods

Michelle Hayter, in our Property Litigation Team, provides an overview of the changes to Section 21 and Section 8 Notice periods for residential tenancies.

UPDATE: The Renters' Reform Bill has now been published, with some major implications for landlords, especially relating to eviction. Find out more here.

What is the current Notice period for residential evictions?

The Government has announced, as expected, that from 1^st June 2021 Notice period time-frames for residential evictions will be changing, due to the ongoing Pandemic recovery.

The Government, in reaction to the Pandemic, had increased S21 Notice periods to 6 months from its previous 2 month period and had extended the S8 Notice period for rent arrears from 2 weeks to 6 months, apart from in the most serious cases of 6 months’ or more of rent arrears, which had been extended to 4 weeks.

Related: How do Section 8 evictions work and what are the new grounds?

How much notice do landlords need to give tenants?

From 1^st June 2021, notice periods that are currently 6 months (i.e S21 Notices and most rent arrears S8 Notices) will reduce to at least 4 months. Notice periods for the most serious cases that present the most strain on landlords will also be shortened. This includes the following:

• anti-social behaviour (immediate to 4 weeks’ notice)
• 4 months’ or more accumulated rent arrears (4 weeks’ notice)
• Under 4 months’ or more of accumulated rent arrears (2 months’ notice from August 1^st 2021)

Notice periods for cases where there is less than 4 months’ of unpaid rent, will reduce again to 2 months’ Notice from 1^st August 2021. This is to support both landlords and tenants and responds to the greater difference between COVID and pre COVID Notice periods for rent arrears.

What do the changes to S21 and S8 mean for landlords and tenants?

Housing Minister, Rt Hon Christopher Pincher MP said:

“From the beginning of the pandemic, we have taken unprecedented action to protect renters and help keep them in their homes.

As COVID restrictions are eased in line with the Roadmap out of lockdown, we will ensure tenants continue to be supported with longer Notice periods, while also balancing the need for landlords to access justice.

Crucial financial support also remains in place including the furlough scheme and uplift to Universal Credit”.

A specialist Landlord & Tenant Lawyer’s View

Michelle Hayter, Landlord & Tenant Lawyer, says: “These measures will be welcomed by landlords and tenants alike. Landlords will be happier to see Notice periods reduced from their current lengthy terms, allowing them more flexibility when considering evicting their tenants.

Tenants will also be pleased that there is a clear transitioning back from pre-covid Notice timeframes, and that additional protections are still in place over the summer to ensure that they have more time than a year or so ago to find alternative accommodation before proceedings are commenced.”

Landlord & Tenant Solicitors

If you wish to speak to our Property Litigation department about these changes, or any other eviction related enquiry, please feel free to contact us on 01202 499255.

We offer all new clients a free initial chat with one of our bright, friendly lawyers over the phone or by video call.