Some landlord and tenant notice periods revert to pre-pandemic requirements

Government has released updated prescribed form notices under section 8 and section 21 of the Housing Act 1988 (HA 1988). These are necessary for obtaining possession from residential tenants in England.

The Department for Levelling Up, Housing and Communities (DLUHC) (it was previously the Ministry of Housing, Communities and Local Government) has published new prescribed forms of notice under section 8 (Form 3) and section 21 (Form 6A) of HA 1988 for use in England.

The new forms have effect from and including 1 October 2021, the Amendment and Suspension Regulations suspend paragraphs 5 to 10(1) of Schedule 29 to the Coronavirus Act 2020 (CVA 2020) which means:
• The minimum notice period to be given in a notice under section 21(1)(b) and 21(4)(a) of the HA 1988 reverts to two months.
• The notice period that must be given in a notice under section 8 of the HA 1988, depending on the ground or grounds that are relied on, will revert to the pre-pandemic notice period.
The new prescribed forms reflect the return of residential notice periods in England to those before the CVA 2020 came into force.

If you are a landlord and require assistance in navigating the new rules, or the law generally, we can assist.  If you would like further information or support call Matthew Blood on 02476 641642.