England June Evictions

As of the 1st of June 2021 residential evictions can be carried out in England, starting the post COVID-19 vacating of properties and potential influx of options in the lettings market.

For those facing the need to evict tenants from their properties the rules have changed for the notice periods required to provide tenants. Prior to COVID 19 a Section 21 notice was always 2 months and during the pandemic the government increased that period to 6 months. As of 1st of June the notice period was reduced to 4 months and with a possible return to the 2 month normal at October 2021.

Here is a guide for periodic Assured Shorthold Tenancies (ASTs) and Fixed-term ASTs:

Notice given between 26 March 2020 and 28 August 2020 - 3 month notice period
Notice given between 29 August 2020 and 31 May 2021 - 6 month notice period
Notice given after 01 June 2021 - 4 month notice period

In England a landlord must usually give 2 months notice, but the periods have been increased during COVID-19. The eviction notice can be shorter by using a Section 8 and the reasons attached to it for the eviction, but this has become an unpopular approach due to the ability for tenants to debate it in court creating a long drawn out process made worse by the backlog in the courts.

All these notice periods are what leads up to a landlord being able to apply to the court, which is when the legal process actually begins. The court will have its own timeline, scheduling a court hearing and then potential other hearings until the court can be fully satisfied and then issue the possession order.

It is quite easy for tenants to delay the court process with claims that must be investigated further, but something that trips up a lot of landlords is basic serving of documents. Even after waiting the 6 month notice period, if a landlord has been found to:

• Not protect the tenants deposit
• Fail to provide the tenant the gas safety certificate & EPC
• Fail to provide a copy of “How to Rent”
• Overcharged at any point
• Fails to have the property properly licenced (HMO)
• And more
  

If any of the above has happened then the eviction notice is void, the deposit must be returned and then a Section 21 notice can be given again. This effectively resets the clock on evictions and it is a strong reason why when searching for an agency to rent your property, check their policy and process when it comes to onboarding and entering a tenant into your property.