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The Government has recently announced that notice periods for residential landlords seeking to regain possession of their properties from tenants (let on ASTs) will return to the pre-Covid periods.

As we have extensively reported throughout, most will be aware that since the start of the Covid pandemic there have been various changes to these periods in a nationwide effort to protect tenants against eviction.  Since 1 June 2021, the notice periods have been set at  four months, save for exceptional circumstances in the most serious of cases.

From 1 October 2021, all such notice periods extended or amended by the emergency regulations will be removed, meaning that the pre-Covid notice periods are once again in place. The notice periods for Section 8 Notices will revert to the pre-pandemic notice periods – which vary depending on the grounds on which notice is served – and for Section 21 Notices, the notice period will revert to at least two months’ notice. New prescribed forms must be used for both Section 8 and Section 21 Notices from 1 October 2021.

Summary of notice periods from 1 October 2021:

  • Section 21 or Section 8 / 1, 2, 5, 6, 7, 9 or 16 – two months but not before the end of the fixed term;
  • Section 8 / 8, 10 or 11 on the grounds of rent arrears – two weeks;
  • Section 8 / 3, 4, 7B, 12, 13, 14A, 15 or 17 – two weeks;
  • Section 8 / 7A on grounds of anti-social behaviour with a conviction – one month;
  • Section 8 / 14 anti-social behaviour – immediately after the notice counts as served (usually 24 hours).

However, do note that the Government has retained the power to amend the notice periods and can extend them should the public health situation worsen. This power is in place until 25 March 2022.

If you would like further advice or information about this or other residential tenancy issues, please contact Adina-Leigh Collins or Angus Young in the Grant Saw Landlord and Tenant team.