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Possession Proceedings Notice Periods have Changed

Reasons to choose Wilson Browne

Now that the previous stay on possession proceedings has been lifted cases are again being listed in the Courts.

For those who have not yet issued a Notice to their tenants the latest Coronavirus Act 2020 amendments altered the notice periods landlords must give before taking possession proceedings.

From the 29 August 2020 until 31 March 2021 the new notice periods are in effect.

In most cases, including when using the s.21 “no fault” eviction, the notice period has been changed to 6 months.

The exceptions to the 6 month notice period are as follows:-

  • Where at least 6 months worth of rent is unpaid (grounds 8, 10 or 11) –– 4 weeks
  • Where the tenancy has been passed on by the Will or intestacy of the former tenant (ground 7) – 3 months
  • Where the tenant has ‘no right to rent’ (ground 7B) – 3 months
  • When the tenant or resident has committed a serious offence (ground 7A) – 4 weeks
  • Where the landlord is relying on grounds of nuisance and annoyance (ground 14) – no notice period required, proceedings can be immediately issued
  • When the landlord is using a ground based on domestic violence or riot conviction (grounds 14A & 14ZA) – 2 weeks
  • Where the tenancy was induced by false statement (ground 17) – 2 weeks

We would advise landlords wanting to take action against tenants to issue Notices as soon as possible so that time starts to run.

George Iles

Posted:

George Iles

Trainee Solicitor

George is a Trainee Solicitor currently working on litigation and contentious matters. Within this team George covers various Property, Trust and Probate disputes.