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Eviction from rented residences

From 29 August 2020, new laws restrict the ability of a landlord to evict tenants from their homes. Notices served on or before 28 August 2020 are not affected by these changes.

Landlords must now generally give their tenants six months’ notice before they may evict until March 2021. Existing tenants whose evictions have already been stayed may not be evicted before 20 September 2020.

There are these exceptions where shorter notice periods are legal:
• anti-social behaviour: 4 weeks

• domestic abuse: 2-4 weeks

• false statement: 2-4 weeks

• more than six months rent arrears: 4 weeks

• breach of immigration rules: 3 months.

From 20 September 2020, landlords have a new requirement when applying to a court for eviction to include a statement about the tenant’s affairs, including how they have been affected by coronavirus. If this is not provided, the judge may adjourn proceedings.

For Rent Act 1977 s21 cases of no-fault evictions made before 3 August 2020, the landlord must tell the court whether he or she still wishes to proceed.

The government is committed to abolishing s21 evictions. It has also increased the local housing allowance rate to the 30th percentile. Other measures can help landlords and tenants.

The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction (Amendment) (England) Regulations SI 2020 No 194

Provisions that already stayed possession proceedings under Civil Procedure Rules 1998 rule 55.29 to 23 August 2020 are further extended to 20 September 2020 under SI 2020 No 889.

[20.08/1,2]