The Government’s emergency legislation has now received Royal Assent. The provisions of the Coronavirus Act 2020 which relate to residential tenancies are now in force (Section 81 and Schedule 29).
In summary:
- Between now and 30 September 2020 (unless extended) three months’ notice must be given to all tenants of secure, flexible, assured, assured shorthold, introductory, demoted and protected tenancies before possession proceedings can be commenced;
- The above requirements also apply to cases of anti-social behaviour (regardless of whether they are discretionary or mandatory grounds);
- The prescribed forms of Notice have also been amended to give tenants guidance of the changes;
- The provisions do not extend to licences, contractual tenancies or licences granted in connection with employment.
Notices which have been served before today (which have already expired or will in the coming weeks) remain valid (subject to the usual requirements) other than some exceptions relating to Rent Act tenancies. The power which allows a court to dispense with the requirement to serve a notice (where applicable) if it is just and equitable to do so remains unchanged. Specific legal advice should be taken on a case by case basis.
For more information or further advice on how we can assist then please contact Lee Russell, Donna McCarthy or Nick Billingham in our Housing Management and Property Litigation team.
