Changes to Section 21 and Section 8 notice periods: What you need to know
As of today (1 October 2021), notice periods have returned to their pre-pandemic levels in England.
Since the introduction of measures in this area in March 2020, notice period conditions have been altered on several occasions due to the ongoing instability caused by the pandemic.
While most landlords and tenants have tried to sustain tenancies throughout the pandemic, this has meant that landlords have struggled to gain possession where it cannot be avoided. Incurring substantial losses in some cases.
These new changes will allow landlords to apply to court faster than at any point since March 2020. However, with court delays still ongoing, landlords should still prioritise working with the tenants to sustain the tenancy wherever it is possible.
Notice periods from 1 October 2021
The following notice periods will apply for assured shorthold tenancies –
- Section 21 or 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, 7b, 12, 13, 14A, 15 or 17 – two weeks
- Section 8 using ground 7a (anti-social behaviour with a conviction) - One calendar month
- Section 8 using Ground 14 (the discretionary ground for anti-social behaviour) - Immediately after the notice counts as served (usually 24 hours)
Will there be new Section and Section 21 forms?
Yes, new versions of Section 8 and Section 21 notices for landlords have both been published.
Both the Form 6a (Section 21) and the Form 3 (Section 8) are prescribed forms so landlords must ensure they use the correct version before service. These forms are now available to download from gov.uk here.
Could notice periods be extended again?
The Government has retained the power to extend notices again. They can do this at any point up until March 2022. However, so far, this seems unlikely to occur.
Where can I find Section 21 and Section 8 forms?
You can find these forms on our website by clicking on the following links.
