Finally, good news for residential landlords – a return to the norm (for now)

7th October 2021

Finally, good news for residential landlords – a return to the norm (for now)

Daniel Greatrix, Senior Associate in the Higgs LLP Dispute Resolution and Litigation team, looks at a return to normal for notice periods for Assured and Assured Shorthold Tenancies.

It’s been a difficult and trying period for many residential landlords – but, at last, there’s some good news.

Notice periods for Assured and Assured Shorthold Tenancies reverted back to those prior to the pandemic from the first day of this month (The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021).

With effect from October 1, all the extended notice periods brought in by the emergency regulations to deal with pandemic were removed, and the pre-pandemic notice periods were restored.

In order to benefit from the reduced notice periods, many landlords wisely waited until October 1 before serving either of the following:

  • Section 8 Notices seeking possession of an Assured Shorthold Tenancy based on one of the grounds set out in Section 8, Schedule 2 of the Housing Act 1988; and/or
  • Section 21 Notices seeking possession of an Assured Shorthold Tenancy.

Landlords should also be aware that new forms of notice have been produced and they must now be used. They affect notices for claims under section 83 Housing Act 1985; Section 8 Housing Act 1988 and Section 21 Housing Act 1988.

Court fees also rose from September 30 2021.

However, the Government has reserved the right for the Secretary of State to reimpose extended notice periods until March 25 2022, with it being noted that the relevant paragraphs of the legislation, which imposed the extended notice periods, are simply being suspended.

The legislation itself shall remain in force until March 25 2022 and therefore there is a possibility that the suspension will be lifted and the extended notice periods re-imposed.

Landlords have been able to issue proceedings for possession since the stay was lifted in September 2020. However, procedural changes in the form of Practice Direction 55C to the Civil Procedure Rules 1998 remain in force until November 30 2021 (and this date could be extended).

Landlords should seek advice before serving notice and upon the issue of claims for possession.

If in doubt or in need of advice, contact the experts at Higgs LLP. Email me on or call 01384 327347.


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