Landlords: How to recover possession of your residential property

This is a reminder of the current provisions when seeking possession of residential property.

Notice periods

With effect from and including 1 October 2021:

  • The minimum notice period to be given in a notice under Section 21 of the Housing Act 1988 reverts to 2 months.
  • The notice period under section 8 of the Housing Act 1988, depending on the grounds relied on, reverts to the pre-pandemic notice period.

Notice Forms

There are new prescribed notice forms under section 8 and section 21 of the Housing Act 1988.

The new prescribed forms confirm the return of residential notice periods in England to those before the Coronavirus Act 2020 (“CVA 2020”) came into force. There are amendments to the forms compared to those used prior to the pandemic.

Additional requirements

Landlords, please note; you are still obliged to write to tenants explaining why possession is being sought. This letter must give a timeframe for the tenant to make representations (in writing) to you, of any personal circumstances or other matters they wish you to consider. This letter can be sent at the same time as sending notice seeking possession. Please see our Article of 31 March 2021, by Hayley Prideaux, which refers to the Pre Action Protocol for Possession Claims by Social Landlords.

Any representations the tenant makes to you should be considered and if possession is still sought, you should respond in writing and give reasoning why you still intend to start possession proceedings.

Landlords, on a final note: if you intend to give your tenant notice to gain possession of your residential property, you must check that you have complied with the prescribed requirements (for example: deposit protection, gas safety and electrical safety, to name but a few!) to ensure the notice that you are serving is valid.

If you would like advice on residential possession, please contact our property Dispute Resolution Team on 01803 206202, alternatively use the contact form below to send an email.

Kitsons Solicitors - Rhoda Honey

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    Kitsons Solicitors - Rhoda Honey

    Rhoda HoneySolicitor

    Rhoda is a Solicitor in our Property Litigation team

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