On Friday 28th August the Government provided a little more clarity on its previous announcement to extend some notice periods in England from 3 to six months. This rule came into force on Saturday 29th August which we recognise is very short notice and we would advise any landlord who has served a notice over the bank holiday weekend to check and ensure that it is compliant under the new rules.
The rules are quite complicated and will vary depending on the type of tenancy but in brief if you have an assured Shorthold Tenancy in England your notice period should be:
Section 21 - 6 months notice in all cases.
Section 8. using grounds:
Ground 8, 10 or 11 where rent arrears are less than 6 months at the date service of notice: 6 months notice.
Grounds 8, 10 & 11, where no other ground is specified in the notice, and rent arrears at the time of service of the notice are more than 6 months - 4 weeks notice.
Ground 14 (nuisance/annoyance/illegal purpose/indictable offence in locality): no notice period
Grounds 14A (domestic violence and non perpetrator partner has left), 14ZA (indictable offence in riot) or 17 (tenancy granted on false representation) are specified in the notice, but no other grounds: two weeks notice
In addition, in the case of section 21 the period in which possession proceedings may be brought on a section 21 notice has been extended from 6 months from date of service to 10 months from date of service.
Important: we understand that this can be quite complicated and the rules are subject to changes by the Government, we would suggest that any landlord in doubt seek legal advice.