By way of an aide memoire may I remind clients that as a direct consequence of the current pandemic the government introduced legislation under the Coronavirus Act 2020 (residential tenancies and protection from eviction) (Amendment) (England) Regulations 2020 which apply to all Section 21 Notices served up until 31 March 2021.
In pursuance of this legislation if you have an Assured Shorthold Tenancy (AST) and you wish to end it by means of the break clause or at the end of the fix term, you must provide the tenant with a minimum six-months’ Notice. This regulation applies regardless as to what may be already in the AST which requires a shorter Notice period. The Notice will be valued for 10 months from the date of service.
Similarly, the same type of Notice will apply to most other Notices to tenants which have been served for the purposes of obtaining possession for breach of contract with the following exceptions, namely: –
- Where Notice is served in respect of cases of antisocial behaviour, 4 weeks’ Notice can be given.
- Where Notice is served in respect of a failed right to rent back, 12 weeks’ Notice can be given.
- Where Notice is served in respect of cases of domestic abusive, 2 weeks’ Notice can be given.
Needless to say, in most cases these expectations are unlikely to apply.
For more information, please contact Edmund Grower.