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Six Month Notice Periods & Bailiff Enforced Eviction Ban Extended to 31 May 2021

Posted on March 11th, 2021

The Government announced on Wednesday that both the ban on using bailiffs, and the longer notice periods for Section 21 and 8 will continue in the same way until 31 May 2021.

This extension is likely to be the final one, and landlords can expect to take the first steps toward normality from June 2021.

Notice Periods

Until the 31 May 2021, private landlords will need to continue to give tenants six months notice before they can repossess properties, except in the following circumstances:

GROUND NOTICE PERIOD

7: Death of tenant3 months
7a: Serious anti-social behaviour4 weeks (periodic tenancy)

1 month (fixed term tenancy)
7b: No right to rent in the UK3 months
8: Serious rent arrears at time of service of notice and possession proceedings(a) 4 weeks where arrears are at least 6 months

(b) 6 months where arrears are less than 6 months
14: Nuisance/annoyance, illegal/immoral use of property None – proceedings may be commenced immediately after service of notice, minimum 24 hours recommended.

For all notice periods see; https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

Bailiff Enforced Evictions

The courts remain open and landlords can get a possession order through the courts.  

However, possession orders can only be enforced by a bailiff after 31 May 2021.  

Landlords can currently only enforce a possession order via a bailiff where: 

  • possession is sought against trespassers; 
  • possession has been granted because of an anti-social behaviour ground (14 or 7a) after serving a Section 8 notice; 
  • possession has been granted after serving a Section 8 notice on a rent arrears ground (8,10 and/or 11) and the arrears total at least six months; 
  • the possession order has been granted on the basis of Ground 17 after serving a Section 8 notice. 

For any other situation (such as a possession order based on a Section 21 notice), landlords will have to wait until after 31 May 2021 for a bailiff to attend the property.  

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