Eviction rules for tenants and landlords have changed
The ban
on evictions offering tenants in England protection during the coronavirus
pandemic has now come to end.
As an
emergency measure, the government temporarily banned bailiff-enforced evictions
and eviction notice periods were extended from two months to six months.
The ban,
put in place in March 2020, was intended as a short-term measure, but it has
been extended several times to help tenants who have fallen behind in rent
payments during the pandemic.
What has changed?
From 1st
June 2021, the notice period a landlord must give a tenant to leave a property
has dropped from six months to four months in England, and the ban has been
lifted on evictions enforced by bailiffs.
From 1st
October 2021, eviction notice periods will return to two months.
To find
out how eviction rules vary in Wales, Scotland and Northern Ireland, see below.
What should you do if you can’t pay your
rent?
You’re
still legally obligated to continue paying the same amount of rent if your
financial situation has changed during the coronavirus pandemic. If you’re
struggling to pay your rent, it’s a good idea to speak to your landlord as soon
as possible. An early conversation could help you to agree a repayment plan.
Citizens
Advice has published a guide to the things you can do if you’re struggling to pay your bills
because of coronavirus, which includes advice on managing rent
arrears.
Your
landlord may also be having difficulties meeting mortgage repayments. The
government has worked with the National Residential Landlords Association
(NRLA) to produce a guide for both landlords and tenants, which
offers advice on managing rental arrears.
If
disputes over rent or other matters remain ongoing, mediation should be
considered. This process allows an independent third-party to assist you both
in trying to reach a mutually acceptable agreement to resolve the situation.
The government is funding a pilot mediation service for cases that have reached
the courts from February 2021, which is free for landlords and tenants to use.
Governments
in Scotland and Wales have introduced loan schemes to help tenants who are
experiencing financial difficulties (see details below), but at the moment
there are no similar schemes in England or Northern Ireland.
READ
MORE: Government renting guidance for landlords and tenants
How does the eviction process work?
You can
only be evicted if correct procedure has been followed. The first step a
landlord must take to end your tenancy is to serve a Section 21 or Section 8
notice with the date they want you to leave.
If you
stay past this date, the landlord will need to get a possession order from the
court and an eviction notice will be sent you, which can lead to a
bailiff-enforced eviction.
Reasons for evictions
Section 21 notice
If your
landlord wants to end your tenancy early, they can do so without a reason by
serving a Section 21 notice, which gives a date for you to leave your home
by.
You can
be given this notice if your tenancy has no fixed end date – which is known as
a ‘periodic’ tenancy – or after your fixed-term tenancy ends.
Section 8 notice
If you’re
a private tenant and there has been a breach of your tenancy agreement, a
landlord can end the tenancy by serving a Section 8 notice citing any of the
following reasons:
- If
you’ve fallen behind on your rent for more than 8 weeks if you pay weekly;
two months if you pay monthly; or three months if you pay quarterly
- If
your landlord thinks you’ve moved out
- If
you’ve damaged the property
- If
you’ve received noise or nuisance complaints from neighbours
The
minimum notice period for evictions drops back to two weeks if there has been a
breach of your tenancy agreement.
A
landlord can’t evict you if you, or anyone you live with, has tested positive
for coronavirus, or has symptoms, or has been told by the NHS to self-isolate.