We have previously provided updates as to the contents and progress of the Renters Rights Bill (“the Bill”). As the Bill is still in draft form, this is always subject to change, although we do expect to see it enacted largely in the form it currently stands. This article is intended to provide a brief update on another section of the Bill which accounts for existing notices and possession proceedings.
Existing notices and possession proceedings under section 21 of the Housing Act 1988
Previously, there were queries surrounding whether landlords would be able to rely on Section 21 notices served prior to the Bill coming into force. This question has now been answered in the most recent publication of the Bill.
Where possession proceedings have been issued but not concluded before the commencement date, the Section 21 notice will remain valid and the tenancy will remain an assured shorthold tenancy, until possession proceedings are concluded.
Where a Section 21 notice has been served, but proceedings have not been issued before the commencement date, the Section 21 notice remains valid until 6 months from service of the notice, or 3 months from the commencement date if sooner. Providing proceedings are issued within that period, the tenancy will remain an assured shorthold tenancy, until possession proceedings are concluded. For example, if you had served a valid Section 21 notice 5 months before the commencement date, you would only have one month after the commencement date to have a claim issued in Court, as this period ends sooner than 3 months after the commencement date. Alternatively, if you served a valid Section 21 notice 1 month before the commencement date, you would only have 3 months from the commencement date to issue proceedings (of course, proceedings cannot be issued until after the notice has expired). If proceedings are not issued within that period, you will be unable to rely on the notice and the tenancy will become a one of the ‘new’ assured tenancies.
We suggest that landlords and agents who wish to serve a Section 21 notice on their tenants do so now, or if that is not possible, they do so as soon as they can. At this point, we do not know when the commencement date is likely to be. We therefore suggest that landlords keep an eye on any Section 21 notices that they have served, and if they are close to being time-barred (6 months from the date of the notice) and they don’t wish to issue a claim currently, they re-serve the Section 21 notice.
Existing notices and possession proceedings under section 8 of the Housing Act 1988
Similar provisions apply to Section 8 notices. Existing proceedings issued before the commencement date will continue as above, and new proceedings must be commenced within 12 months of the Section 8 notice being served, or 3 months of the commencement date, if sooner.
If you have any questions regarding the above, or would like assistance with serving either a Section 21 notice or Section 8 notice prior to the commencement date, please contact our Possession Team.
Please note that the above does not constitute legal advice.
