Book a Property Valuation
logo

Tenant Eviction Notice Changes: What Landlords need to know

Posted on: Wednesday, June 16, 2021

In England and Wales, the government has confirmed that as of 1 June 2021 the notice period for evicting tenants will be reduced from six months down to four months. Meanwhile, the Scottish Government is continuing the extension of the six-month notice period and landlords in Northern Ireland may proceed with their right to evict as normal. So, in England and Wales, what do landlords need to know about the changes to evicting tenants during the Covid-19 pandemic? Read on to find out more…

The eviction ban was introduced at the start of the pandemic as an emergency measure to help against some of the financial burdens for tenants during the most uncertain time of the Covid-19 pandemic. Following the recent announcement from the UK Government, in England, bailiffs can now carry out evictions after a notice period of four months, unless there is anyone in the property who has Covid-19 symptoms or is self-isolating. In Wales, bailiffs will not enter your property without a serious reason.

 

Notice periods for serious cases

The most serious tenant-eviction cases, such as situations of anti-social behaviour, domestic abuse, or fraud, require the same shorter notice period and continue to be prioritised by courts. Some cases dating back to before the pandemic are still waiting to be legally enforced. Serious cases include:

• serious anti-social behaviour (four weeks’ notice for a periodic tenancy or one month for a fixed-term tenancy)

• domestic abuse in the social sector (two to four weeks’ notice)

• false statement (two to four weeks’ notice)

• over four months’ accumulated rent arrears (four weeks’ notice)

• no right to rent in the UK (two weeks’ notice)

• death of a tenant (two months’ notice)

 

When will other notice periods change?

From 1 August 2021, in cases where arrears are less than four months, the eviction notice period will be reduced to two months.

 

Tenancies commencing on or after 1 June 2021

A section 21 notice (also known as Form 6A) is served to a tenant to notify them of the landlord's intention to repossess the property. The changes to possession procedures state that where the notice is issued on or after 1 June 2021, tenants are entitled to at least four months’ notice before a landlord is able to serve such a notice. If the tenant does not leave on the date specified, only after the four months have passed can the landlord apply to the court for a possession order using either the standard possession process or the accelerated possession process.

 

Non-paying tenants with housing benefits

If your tenant is accumulating rent arrears and is claiming Housing Benefits or Universal Credit, it is possible to get Housing Benefit claims or Universal Credit payments paid straight to you. This is known as ‘managed payments’. 

For tenants on Universal Credit, apply to the Department for Work and Pensions. For tenants claiming Housing Benefit, contact the local council of your property.

 

Rules for resident landlords (live-in landlords)

If you let out a room or part of your main home to a lodger, as a landlord you do not have to go to court to evict your tenant. In this case, landlords only need to give reasonable notice, which is usually the length of a rental payment period. This does not need to be in writing. After the notice period has ended, landlords can legally change the locks. 

 

Harassment and illegal evictions

Landlords should be careful to follow the regulations and procedures for evicting a tenant or could be guilty of harassment or evicting their tenant illegally. Stopping electricity, refusing to carry out repairs, or antisocial behaviour from someone on behalf of a landlord are all considered harassment. Even if you believe a tenant has acted illegally, as a landlord you could be breaking the law if you do not give the correct amount of notice, change the locks or evict a tenant yourself without a court order.

To ensure you are following the correct rules and procedures correctly, read the government guidance.

 

For more on best practices for letting a property, read how to be a good landlord.

Thinking of letting your property for the first time? Take a look at our guide to letting a property.

 

Contact us today

Looking to let your property or seeking professional advice? Our Guild Members are on hand to help you with every step of the process. Contact your local agent today to get started. 

 

FIND YOUR LOCAL GUILD MEMBER

 

What Our
Clients Say

"

I would highly recommend Hardings. Their knowledge of the local area is outstanding, and they give honest and reliable advice. They have always been my partner of choice when buying and selling.

Rhiannon Prothero

"

Have used Hardings for many year on both personal and commercial property deals. Have always found them to be transparent, honest, authentic, and a pleasure to work with. Will continue to use in the future.

TB

"

I would highly recommend Hardings Estate Agents. They have excellent knowledge of Windsor and the surrounding areas, and are extremely professional, responsive and courteous. I would not hesitate to using them again the future. I recently dealt with Milica who was instrumental in securing us our new home in Windsor as well as the sale of our existing property. She was a fab negotiator and a real pleasure to work with from beginning to end. Thank you!

Jonathon Beresford

"

Hardings of Windsor managed our purchase with complete professionalism and went over and above in my opinion to manage the transaction and chain, resulting in a really smooth purchase. Milica at Hardings constantly provided timely updates and managed respective solicitors and the chain effectively, always responding quickly to queries. The whole transaction would not have happened without Milicas' focus on making all parties comfortable and satisfying all queries, not only professional but a delightful and welcoming personal approach that was a constant throughout. Thanks Hardings! Thanks Milica!

Stuart Blatch

"

I would recommend using Hardings estate agents when buying or selling your property. Dominic (Scully) was always available, helpful and genuinely interested in my purchase and always calm and compassionate. If I ever move again my first choice will be Hardings.

Cath Powell

"

Dom and the team at Hardings were so helpful and efficient when I purchased my flat - friendly and professional service and kept us up-to-date the whole way through the process. It was my first time buying and so was very nervous but they helped me feel at ease.

Freppell

"

We bought and sold through Hardings and can't recommend their professional service enough. The whole Team are really lovely, we were kept informed throughout the process and never had to chase anything.

Natalie Quint

"

I used Hardings when I bought my property as well as when I sold it and the service has been fantastic both times. I very much recommend Hardings!

Therese Jouini

"

We recently purchased our new home with Hardings Estate Agents. The whole team there were very helpful and flexible with us, arranging viewings quickly on the same day. They were always quick to respond and if ever our point of contact was not there, the service did not change as they work well together as a team. We received a personalised service, which allowed the sale to proceed quickly. Thank you all and we recommend Hardings Estate Agents without hesitation.

Mike B

"

What a pleasure it was to deal with Milica from Hardings. She sourced the perfect property for me and my family (while we were still abroad) and worked endlessly to put the deal together. I would give more than 5 stars if at all possible!

C D

"

Fantastic customer service and made what could have been stressful a total breeze. Dominic and Louisa were brilliant in helping me and my parents buy and sell our houses - reliable, helpful and thoughtful. Thank you!

Eloise Harris

"

Thank you, Dominic and Louisa - having not moved for over 30 years you helped me all the way, step by step. You were always polite, communicative, reassuring and very supportive. Would recommend Hardings wholeheartedly.

Anna Bowen
How Much is Your Property Worth?

How Much is Your Property Worth?

A senior member of our sales team will visit your property to discuss current market trends and how your home; based on size, condition and location should be pitched to achieve the best possible price and buyer. Coupled with an excellent understanding of the local market we do a detailed analysis of what else has sold and what is coming onto the market so we can give you the best chance to capitalise on your biggest asset.

Book a Valuation