Understanding Section 21 & Section 8 Notices
Since the White Paper in 2019 presented the abolishment of Section 21, the word "Eviction" has been confused with the “service of the notice. This misunderstanding of the legal processes has caused a great deal of confusion which has been repeated ad infinitum by the trade press, national press, news outlets and even the Government. Whilst this may seem a trivial comment given that the previous and current Government have ‘peddled’ the idea that every Section 21 notice served by a landlord equates to eviction when in fact the service of the Section 21 is a preliminary step in the legal process of ending a tenancy. it is not, in itself, an eviction.
Tackling Housing Debt & Eviction - Enhancing Occupier Engagement Through Improved Communication and Advice
Financial Fairness Trust & the University of Southampton
Introduction
Every year tens of thousands of households face the threat of losing their home due to rent or mortgage arrears. The impactthis can have on the health and wellbeing of those involved, particularly children, can be significant (Nettleton and Burrows2001; MIND 2011) not least for the reason that ‘home’ is often associated with security, safety, community and wellbeing (Fox O’Mahony 2007). Despite this, little is known about the experience of occupiers of the arrears process. What we do know is that a significant number of them do not participate in the arrears and possession process or do so only when it is too late to save their home (see, for example, Bright and Whitehouse 2014; Brookes and Hunter 2016; Whitehouse, Bright and Dhami 2019).
In an effort to understand the reasons for this, this project sought to capture the views and experiences of those with lived experience of housing debt and the threat of home loss. Based on these views, this project offers evidence-based proposals designed to improve engagement in the arrears and possessions process. Given the heightening of the pre-existing ‘landscape of precariousness’ (Forrest 1999) by the COVID-19 pandemic, and the cost of living crisis, an exploration of ways to improve engagement and reduce evictions seems both important and timely.
1st October 2021 - Section 21 & Section 8 Notice periods to revert back to Pre-Pandemic Rules
The government has confirmed that notice periods for both Section 8 and Section 21 Notices in England will return to the pre-pandemic rules on October 1st, 2021.
Over the last 18 months since the government introduced emergency measures as part of the Coronavirus Act 2020 to protect renters, notice periods for both notices have changed 5 times causing a great deal of confusion for landlords and letting agents.
The Ministry of Housing, Communities and Local Government announced: “While these measures were appropriate at the height of the pandemic, these restrictions could only ever be temporary. Returning notice periods to their pre-COVID lengths from 1 October will allow landlords to repossess their property where necessary. However, we intend to retain the power to implement these measures again in the case that the public health situation worsens and these measures are required again.”
Guidance to Understanding the Possession Action Process - Coronavirus Act 2021
The impact of the Pandemic has been devastating for so many different sectors of society including the rental market, both private and social. Little under a year ago, the Government made changes to the notices periods required for the service of the 2 most important notices used in housing along with significant amendments to possessions proceedings, in particular, delaying evictions throughout the most of 2020 and into 2021.
As the country looks towards relaxing Lockdown restrictions, the Government has published a new guide for landlords and tenants in England and Wales and is focused on landlords letting to tenants on an Assured Shorthold Tenancy or an Assured Tenancy.
The guide will help you to understand what rights and responsibilities of the landlord when needing to use the courts to take possession of a rental property.
Before taking steps to recover possession of a rental property, the landlord or letting agent should consider discussing any underlying problems with the tenant, either directly or through a mediation service, and try to resolve these without recourse to court action.