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Old eviction notice periods to return

View profile for Sophie Chilstone
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Old eviction notice periods to return

On the 9 September 2021, new regulations were announced to come into force on the 1 October 2021.

The result of these regulations coming into force means that from 1 October 2021, there will be a new Form 6A for a Section 21 Notice and a new Form 3 for a Section 8 Notice. The notice periods will also revert back to the pre-pandemic timescales.

For a Section 21 Notice, this will mean the notice period will again be 2 months, rather than the current 4 months.

Section 8 notice periods will also return to pre-pandemic timescales, which differ depending on the grounds being relied upon. The most common reason for a Section 8 Notice is rent arrears, so the notice period will change from 2 months back to 2 weeks.

Whilst this is welcomed news for residential landlords, it is important to note that if you serve a notice seeking possession after 1 October 2021 and do not use the correct form or notice period, the notice you serve may be invalid. It is vital that the correct form is used and the new forms will be available on the government website from the 1 October 2021.

If you are currently thinking of serving a Section 21 Notice, you may wish to reflect on doing so as it is likely to be quicker to wait until 1 October 2021 before serving the notice to ensure you can rely on the new (old) notice period of 2 months, rather than provide 4 months’ notice, as this will mean you can commence court proceedings sooner.

For advice or assistance on any related commercial law issue call our business solicitors on 0161 696 6170 or complete our online enquiry form and a member of the team will contact you directly.