Possession proceedings for residential landlords

Friday 3rd December 2021

What is the eviction process after Covid-19?

COVID19 has effected everyone in some way, whether this involves financially, physically or has taken a strain on your business. The last year has been demanding for everyone and new challenges are now arising for both landlords and tenants. COVID has implemented various restrictions to the process of evicting tenants and now that we are seeing a slow return to a ‘new normal’ where does this leave us?

What are the relevant rules?

From 1 October 2021 the law has returned to pre-COVID laws for new possession matters. For a Section 21 Notice, the required period will return to 2 months and for a Section 8 Notice, the relevant notice period will depend upon the ground the landlord is relying on and therefore you should check the notice period required for the specific ground you wish to rely on.

Ground 8 which is a mandatory ground will revert back to the 2 week notice period as used before COVID19. There is therefore new rules and forms that need to be completed when issuing the section 8 notice.

For ongoing possession claims, you will need to follow the correct period at the time you served the notice and there will still be a required to provide the Court with any information you have as to the effect of the pandemic upon the tenant to pay their rent.

Restrictions on enforcement action ended on 31 May this year, however Bailiffs will still have to adhere to COVID rules, including not visiting houses where tenants are suffering with COVID or self-isolating.  These rules can be changed by the Government up until 25 March 2022 and it is imperative that notice periods and the rules surrounding possession proceedings are thoroughly checked before taking action.

What do I do next?

If you would like some more information regarding the current law and the steps you need to take place contact us. The law is under constant review.