Blog

Key changes for possession proceedings

Published: 14th May 2021
Area: Litigation & Dispute Resolution

Although we are only just approaching the halfway mark into May 2021 it has already been a busy month, with a flurry of information from the government on possession proceedings.

On 12 May 2021 the government confirmed a number of key changes that will come into effect over the next few months. Our blog on the Debt Respite Scheme covers some of the changes previously announced that came in to force on 4 May 2021.

Here we outline the upcoming changes for possession proceedings.

The ban on evictions will come to an end

The government has announced that the ban on evictions, which is currently in place until 31 May 2021, will come to an end on this date. This means that landlords can apply for a warrant from 1 June 2021.

However, the government has stated that bailiffs have been asked not to carry out an eviction if anyone living in the property has COVID-19 symptoms or is self-isolating.  A 14 day notice is also required before an eviction can take place.

Reduced notice periods for notice seeking possessions

From 1 June 2021 the notice period is set to change again for notice seeking possessions, and the new notice period will be four months rather than the current six months’ notice period.  Although the current exceptions will still be applicable, below is a summary of the key changes;

  • anti-social behaviour (immediate to four weeks’ notice)
  • domestic abuse in the social sector (two to four weeks’ notice)
  • false statement (two to four weeks’ notice)
  • four months’ or more accumulated rent arrears (four weeks’ notice)
  • breach of immigration rules ‘Right to Rent’ (two weeks’ notice)
  • death of a tenant (two months’ notice)

It is key to note that, from 1 August 2021, where a tenant is in rent arrears of less than four months, the notice period will reduce to two months’ notice.

What do these changes mean for landlords?

The changes will be welcomed by many landlords, however, it is key to ensure that the correct forms and correct notice periods are given in line the up and coming changes.

We’re here to help

If you’re a landlord and need advice regarding possession proceedings then contact Habib Khan in our housing management team, who can guide, help and support you and your teams to deal with any housing management and litigation issues you may face during these evolving times.

Our updated guide to recovery and resilience covers everything you need to navigate your way out of lockdown, unlock your potential and make way for a brighter future. Further advice in relation to COVID-19 can be found on our dedicated coronavirus resource hub.  

From inspirational SHMA Talks to informative webinars, we also have lots of educational and entertaining content for life and business. Visit SHMA® ON DEMAND.

How can we help?

Our expert lawyers are ready to help you with a wide range of legal services, use the search below or call us on: 0330 024 0333

SHMA® ON DEMAND

Listen to our SHMA® ON DEMAND content covering a broad range of topics to help support you and your business.

Intellectual Property: Judgment update: Claydon Yield-O-Meter v Mzuri – prior use and patent validity

22 Jun

Daniel Kelly, Solicitor
Intellectual Property: Judgment update: Claydon Yield-O-Meter v Mzuri – prior use and patent validity

The webinar will also contain some practical tips for both inventors and challengers to […]

Intellectual Property: COVID-19 – how has IP coped during a global pandemic?

24 Jun

Martin Noble, Partner
Intellectual Property: COVID-19 – how has IP coped during a global pandemic?

In this webinar, Martin Noble will look at the relationship between COVID-19 and IP […]

Intellectual Property: Collaboration agreements – the benefits and pitfalls

29 Jun

Kerry Russell, Legal Director
Intellectual Property: Collaboration agreements – the benefits and pitfalls

In this webinar, we will discuss: why you should consider entering into a collaboration […]

Employment: Managing HR change in the education sector

30 Jun

Tom Long, Partner | Esther Maxwell, Legal Director
Employment: Managing HR change in the education sector

In this webinar, the employment team will explore the following: redundancy and restructuring, changing […]

Our Latest Thoughts

All the latest views and insights on current topics.

Build to rent and retirement living – better together

11 Jun

Real Estate & Planning

Build to rent and retirement living – better together

Read article Right Arrow

Case law update – landlord and tenant | Section 20 consultations

24 May

Litigation & Dispute Resolution

Case law update – landlord and tenant | Section 20 consultations

Read article Right Arrow

Retirement housing: from last resort to aspirational living

19 May

Later Living

Retirement housing: from last resort to aspirational living

Read article Right Arrow

Key changes for possession proceedings

14 May

Litigation & Dispute Resolution

Key changes for possession proceedings

Read article Right Arrow

Housing update – May 2021 | Debt Respite Scheme

6 May

Landlord & Tenant Advice

Housing update – May 2021 | Debt Respite Scheme

Read article Right Arrow