Key Notices revert back to Pre-Pandemic Rules
A fifth change to key notices is introduced today.Both the Form 6a (Section 21) and the Form 3 (Section 8)0(0%) are prescribed forms therefore landlords must ensure they use the correct version before service. Remember to ensure that all the relevant documents which relate to the Deregulation Act 2019 and Tenancy Deposit Protection are in place to ensure that the Section 21 (Form 6A) when served, is valid, and that there are no breaches of the Tenant Fees Act 2019. With regards to the Section 8 (Form 3), the “Breathing Space” moratorium still applies. Any tenant who has been granted breathing space will have the relevant documents in place
Government has changed the law so most renters have a 6 month notice period
Last week the Government announced that notice periods for section 8 and section 21 notices would change.
This afternoon, the Government has announced that legislation has now been introduced, so landlords must now give tenants 6 months’ notice before they can evict until March 2021, except in the most serious of cases, such as incidents of anti-social behaviour and domestic abuse perpetrators.
The stay on possession proceedings has been extended until 20 September, meaning that in total no tenant can have been legally evicted for 6 months at the height of the pandemic.
The package of support for renters includes the extension of notice periods and the extension to the stay on possession proceedings. For the most egregious cases, notice periods have returned to their pre-coronavirus levels, and landlords will be able to progress serious rent arrears cases more quickly.
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The government is also helping landlords affected by the worst cases to seek possession; these are:
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anti-social behaviour (now 4 weeks’ notice)
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domestic abuse (now 2 to 4 weeks’ notice)
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false statement (now 2 to 4 weeks’ notice)
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over 6 months’ accumulated rent arrears (now 4 weeks’ notice)
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breach of immigration rules ‘Right to Rent’ (now 3 months’ notice)
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Government suspension on Housing Possessions extended by 2 months
Millions of renters across England and Wales will receive greater protection after the government extended the suspension of new evictions until 23 August.
The extension announced by the Housing Secretary yesterday takes the moratorium on evictions to a total of five months to ensure that renters continue to have certainty and security.
Ministers are also working with the judiciary, legal representatives and the advice sector on arrangements, including new rules, which will mean that courts are better able to address the need for appropriate protection of all parties, including those shielding from coronavirus. This is to ensure that judges have all the information necessary to make just decisions and that the most vulnerable tenants can get the help they need.
Gas Safety Certificate and Case Law will Impact Form 6A
On the 8th February 2018, at an appeal hearing in front of His Honour Judge Luba in the Central London County Court, the Judge ruled that if a current gas safety certificate was not served on the Tenant BEFORE they took up occupation of a property then any Section 21 Notice cannot be relied upon.