Notice Periods to Return to Pre Covid Lengths from 01 October 2021

Posted on September 9th, 2021

The UK Government has confirmed that notice periods will return to their pre-COVID lengths from 01 October 2021.

Following the pandemic and the introduction of the Coronavirus Act 2020, the UK Government initially increased all notices to six months for most grounds (including Section 21 notices), with exemptions for certain serious cases.

From 01 June 2021 until 30 September 2021 notice periods were at least four months in most circumstances, apart from exemptions for the most serious cases.

Moving forward, the UK Government retain the power to implement any similar measures again in the future should the public health situation worsen. To this end, legislation has been tabled that retains the ability for the UK Government to reapply longer notice periods until 25 March 2022 as a backstop.

Additionally, they will update the landlord, tenant and local authority renting guidance and court guidance ahead of 01 October 2021 to reflect that notice periods will be reverting to their pre-COVID lengths.

There will be brand new section 21 and 8 notices for use in England from 1 October 2021.

Section 8 Minimum Notice Periods from 01 August 2021

The notice periods for rent arrears grounds 8,10 and 11 changed to:

• two months if the rent arrears are less than four months in total at the time the notice is served; or
• four weeks if the rent arrears are more than four months in total at the time the notice is served and no other ground is being relied on.

Section 8 Minimum Notice Periods From 01 October 2021

Notice periods revert to pre-COVID lengths;

• Section 8 using any of grounds 1, 2, 5, 6, 7, 9 or 16 – two months and cannot expire before the end of the fixed term
• Section 8 using the rent arrears grounds (8, 10 and 11) – two weeks
• Section 8 using grounds 3, 4, 6, 7b, 12, 13, 14A, 14ZA, 15 or 17 – two weeks
• Section 8 using ground 7a (anti-social behaviour with a conviction) – One month for fixed term tenancy, 4 weeks for periodic tenancy.
• Section 8 using Ground 14 (the discretionary ground for anti-social behaviour) – Immediately after the notice counts as served (usually 24 hours)

Section 21 Minimum Notice Periods

Prior to 26 March 2020 – 2 months

26 March 2020 – 28 August 2020 – 3 months

29 August 2020 – 31 May 2021 – 6 months

01 June 2021 – 30 September 2021 – 4 months

01 October 2021 – 2 months