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Ending Tenancy Notice Periods

The most common question asked by landlords at the moment is "what's the notice period again?" Covid-19 and wreaked havoc on landlords and tenants of residential properties- not to mention keeping property litigation Solicitors on their toes with the frequent, and often last minute, changes. Between March 2020 and March 2021, we've had 3 chances to the notice periods landlords must give to tenants in order to gain possession, however, we now seem to be edging closer to something resembling the pre-pandemic position.

There are two types of notice that a landlord may give; a fault-based notice pursuant to section 8 of the Housing Act 1988, or the non-fault based notice pursuant to s21 of the Housing Act 1988.

The s21 notice is a simple 4 months' notice whereas s8 becomes more complicated. In order to rely on s8, the landlord must satisfy one of the prescribed grounds for possession. The ground relied upon will dictate the notice period to be given. The most common ground is rent arrears. If the arrears exceed 4 months' rent, then 4 weeks' notice must be given. If, however, the arrears are below 4 months' then 4 months' notice must be given.

Fortunately for landlords, as of 01 August 2021, the notice periods for rent arrears will reduce again to pre-pandemic levels- provided Boris keeps to the roadmap.

We understand that this is a confusing and stressful time for landlords. If you are a landlord in need of advice as to how to remove a tenant, and the correct notice and notice period to be given, contact our specialist Property Litigation Team on…

For more information contact Samantha Abdoollah in our Business Dispute Resolution department via email or phone on 01254 222456. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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Break condition requiring vacant possession