Please note: The information contained in this article is correct as of 25/02/22. Due to the ongoing nature of the coronavirus pandemic, related guidance and legislation is subject to change. As such, if you require specific advice, we would always advise you speak to a solicitor at the earliest opportunity.
The COVID-19 pandemic has been difficult for everyone and has created new challenges for landlords and tenants of residential properties. The law has now reverted back to what it was prior to the pandemic for new possession matters:
Section 21 Notices – The required notice period has returned to two months
Section 8 Notices – The notice periods have returned to their pre-pandemic levels. The most commonly used grounds to regain possession is ground 8 (substantial rent arrears) which has now returned to a 2 week notice period.
It is important to ensure that these notices are correctly drafted and served on the tenant and the correct date for expiry of the notice is calculated to avoid any delays in having to issue new notices.
In the event that the tenant does not vacate the property upon expiry of the notice, it is important to act quickly to issue a claim in the County Court to obtain a Possession Order, particularly where rent arrears are accruing. Landlords must not evict without a Court Order as this is likely to amount to an unlawful eviction and a tenant may pursue a claim. If a tenant does not vacate the property once you are in receipt of a Court Order, it is necessary to obtain an eviction date from the Court for a court-appointed bailiff to evict the tenant.
A bailiff must not evict a tenant where anyone living in the property has coronavirus symptoms or has tested positive for coronavirus. The eviction will be rescheduled and the tenant will get 7 days’ notice of the new eviction date.
If you are a landlord and require advice on the eviction of a tenant of a residential property, please get in touch with our specialists at Farleys on 0845 287 0939 or send your enquiry through our online contact form and a member of the team will get in touch with you.
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