Understanding the possession action process: guidance for landlords and tenants
The guidance for landlords and tenants has been updated again since our last newsletter:
30 April 2021
Guidance updated to reflect new processes for landlords to reactivate a possession claim after 30 April.
7 April 2021
Guidance updated with information about how to apply to extend the life of possession warrants which are nearing their expiry date, and to provide links to new Regulations which are in force restricting bailiff enforcement in England and Wales and to new mediation guidance.
To make sure you keep up to date see this link: https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants?utm_medium=email&utm_campaign=govuk-notifications&utm_source=b0dbe639-18c4-4a0f-bf4e-fb231ded18e4&utm_content=daily
On 12th May 2021 the UK Government published new rules for possession in England from 1 June, marking the first step in ending emergency measures.
The old restrictions set up during the pandemic will be tapering down – with an end to the ban on enforcement of possession, and default notice periods reducing for both Section 8 and Section 21 from six to four months.
The announcement outlined:
From 1 June 2021:
· Enforcement of possession by county court bailiffs and high court enforcement officers will be allowed in all cases, although they will be asked not to enforce where a tenant is self-isolating or has Covid-19 symptoms.
· Any notice periods currently set at six months – for both Section 8 and Section 21 – will reduce to four months, with ground 7 (death of a tenant) and 7B (Right to Rent breach) reducing to pre-Covid levels.
· The definition of ‘serious rent arrears’ – which enables access to a four week notice period under Section 8 grounds 8, 10 and 11 – will reduce from six months’ to four months’ rent.
From 1 August 2021:
· The notice period for ‘non-serious’ arrears - i.e. less than four months arrears - will reduce to two months’ notice.
From 1 October 2021 (Subject to the public health advice and progress with the Roadmap)
· All extended notice periods will revert to pre-Covid levels, for both Section 8 and Section 21.