2020 has seen an unprecedented amount of changes to the rules that govern serving notices in order to recover possession of residential property. Landlords face significant delays in recovering possession from residential tenants, starting with having to serve in most cases 6 months’ notice before issuing proceedings. As a result it has never been more important for landlords to ensure that their notices are correctly prepared and served on tenants or risk having to start again.
To help guide you through all the changes, we have summarised the key points to remember when drafting and serving a notice for possession relating to a residential property below:
For notices issued between 26 March and 28 August 2020, the required notice period was extended to 3 months.
From 29 August 2020 until 31 March 2021 landlords must provide 6 months’ notice save for in exceptional circumstances when serving s.8 notices which are as follows:
New precedent forms have been published which you can access here:
For further information on these forms read the government’s guidance notes on evicting tenants.
From 29 August 2020, the times s.21 and s.8 notices served after that date will remain valid have been extended to:
When preparing a claim for possession of residential property relying upon a s.21 notice, landlords will be asked to provide evidence to show that all the preliminary documents have been served correctly on the tenant. These include the EPC, Gas Certificate and How to Rent Leaflets.
Deposits must be secured in a government approved tenancy deposit scheme or returned to tenants before notices are served. Failing to comply with these steps will mean landlords will likely have to start again.
Landlords will also be asked to provide the court with proof of service of the notice on the tenant such as recorded receipts from the post office or video footage of the notice being personally delivered to the property. It is best to avoid having to rely on journal entries showing when posted, photocopies of envelopes or one’s own memory.
Our Property Litigation team can help with the process as they routinely undertake the following work:
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