Residential Landlords and the Renters Rights Bill – Time for Landlords to be Proactive Part 3

The Renters Rights Bill – Notices 

We are back with our blog series regarding the upcoming Renters Rights bill which is making its way through the parliamentary regime. In this blog we discuss the key changes to the ways in which tenancies can be terminated. 

• An end to Section 21 Notices.
  • The current “no fault” possession route will immediately cease to exist for existing and new tenancies.
• Longer Notice Periods.
  • Notice periods will increase from 2 to 4 months (or 2-3 months for rent arrears).
• Some Notices under Section 8 are a little easier for landlords to use.
  • Ground 1 allows landlord, or any of their wider family, to move into the property – they do not have needed to have lived there previously and no notice of the use of the ground is required.  4 months noted is needed and must expire at a time 12 months after the tenancy began.
  • Ground 1A – allows landlord to gain possession to sell or lease for more than 21 years. Again 4 month’s notice is needed, and this has to expire more than 12 months after the tenancy began (unless a compulsory purchase is in force).
• Some Notices under Section 8 are harder for the landlord to use.
  • Ground 6 – now 4 month’s notice if need possession to demolish and can’t be exercised in the first 6 months.
  • Ground 8 – now needs 3 months’ rent arrears before any notice can be served. Any shortfall in rent must exclude any amount unpaid due to late universal credit payments. Notice of 4 weeks, up from 2 weeks is required.
  • Ground 4A – Student accommodation – complex new provision, notice expiry must fall between 1st June and 30^th September.
• Reckless use of Section 8.
  • If you issue a possession claim recklessly – knowing that it does not meet with the rules – you will face a civil and possible criminal penalty. So if you issue a Section 8 notice with inadequate time periods, or you have not registered with the Private Rented Sector Database (see more next week), or you have given oral notice to quit, or you do not intend to sell the property – you commit a civil and criminal offence.

It is therefore vitally important that landlords are aware of the changes that will soon be in force if they are considering evicting their tenants. If you need further advice or assistance please contact Stewart Bailey or Rowena Buckley