As we all highly anticipated, there’s been further updates and confirmation from the Government this week on how landlords should manage evictions and repossessions during the coronavirus pandemic.
Many of us have been expecting eviction bans and major delays to all proceedings, so it fills me with great comfort to inform you that you will not be surprised by any of the announcements, which really is an act of mercy! We certainly cannot be wasting our precious and limited medical resources on despairing landlords toppling over from minor to severe stress induced heart-attacks due to unexpected eviction delays and prolonged periods of no rental income.
Rightly or wrongly, we all knew this was coming for us.
I’m going to try and keep this one quick and to the point, so here’s a rundown of the updates to wrap your mullet around…
1) Coronavirus Notice PeriodsSection 21 – “no fault” repossessionPeriodMinimum notice period requiredOn or after 1st June 20214 months29th August 2020 – 31th May 20216 months26th March – 28th August 20203 monthsBefore 26th March 20202 monthsSection 8 – grounds for evictionEviction groundMinimum notice period required8, 10 or 11 – Rent ArrearsOn or after 1 June 2021
4 months (less than 4 months’ arrears)
4 weeks (4 months’ arrears or more)29th August 2020 – 31th May 2021
6 months (less than 6 months’ arrears)
4 weeks (6 months’ arrears or more)26th March – 28th August 20203 monthsBefore 26th March 20202 weeks7 – Original tenant has diedOn or after 1st June 20212 months29th August 2020 – 31st May 20213 months26th March – 28th August 20203 months7A – Serious antisocial behaviourOn or after 1st June 20214 weeks29th August 2020 – 31st May 20214 weeks26th March – 28th August 20203 months7B – No right to rentOn or after 1st June 20212 weeks29th August 2020 – 31st May 20213 months26th March – 28th August 20203 months12 – Breach of tenancy agreementOn or after 1st June 20214 months29th August 2020 – 31st May 20216 months26th March – 28th August 20203 months13 – Damage to propertyOn or after 1st June 20214 months29th August 2020 – 31st May 20216 months26th March – 28th August 20203 months14 – Antisocial behaviour
No minimum notice period. Court action could start immediately in serious cases.15 – Damage to furnitureOn or after 1st June 20214 months29th August 2020 – 31st May 20216 months26th March – 28th August 20203 months16 – Former employeeOn or after 1st June 20214 months29th August 2020 – 31st May 20216 months26th March – 28th August 20203 months
2) New S8 & S21 forms must be served during this period!
While the Coronavirus Act is in play (from 26th March 2020), landlords must use new forms to serve notice, provided by the Gov:
Section 21 – replaced with a new Form 6A – available for download here.
Section 8 – replaced with a new Form 3 – available for download here.
The regular S21 and S8 forms will NOT be valid while the Coronavirus Act is enforced, so don’t use them from 26th March 2020. Don’t let me down!
Need tenant eviction / repossession legal advice?
Just before publishing this blog post, it dawned upon me that the sensible thing to do would be to reach out the MD of LegalforLandlords – to check if they’re able to continue providing free legal support for my subscribers (landlords) during this palava.
I’ll be right back.
*1 hour later*
I’ve been assured every division of their business is still operational and, I quote, “all Legals notices, updates, compliance has been rolled out so we’re as up to date as we can be as of today. We’re here to assist as always but bear in mind our phone lines have been busy.”
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EPC Minimum Energy Efficiency Standards Update
On a side note, I should probably remind everyone that the upcoming change to EPCs is still a real thing, even though it’s probably the least of anyone’s concern right now. Energy efficiency and fresh produce with a limited shelf life was cool last month, not so much this month.
This change has nothing to do with the Coronavirus Act, but it’s still a legal requirement that shouldn’t be ignored (I guess?).
On 1st April 2018, the Minimum Energy Efficiency Standards (MEES) came into force. This required all landlords to ensure their rental properties in England & Wales have a minimum EPC rating of ‘E’ for new tenancies and renewals.
As of 1st April 2020, the Minimum Energy Efficiency Standards will apply to all existing tenancies, not just new ones or renewals.
If you need to order an Energy Performance Certificate, you can book an assessment online from LettingAProperty for £69 inc VAT (starting price). You can also Google around for local suppliers. Needless to say, I’m not sure what the availability for assessors will be during this time. The word “limited” comes to mind.
As always, thoughts and words of encouragement all welcome!
Stay safe, my friends xo
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