March 2021 coronavirus update on evicting a tenant

Specialist solicitor for landlords, David Sodimu, at Holmes & Hills Solicitors discusses the current position regarding residential possession proceedings and evicting a residential tenant (as at 4^th March 2021, following the Budget 2021).

There have been a number of announcements from the Government recently as we come out of the most recent Lockdown, however, there has been no announcement on the state of affairs in regard to residential possession proceedings and evicting a tenant.

Evicting a tenant during the Coronavirus pandemic

The current state of play is that there remains a ban on evictions (the enforcement of a possession order), until 31 March 2021. This means that, unless a further extension is announced by the Government before 31 March 2021, Landlords will be able to take enforcement action to recover their residential premises on 1 April 2021.

In respect of eviction notices, it is currently the case that, unless a notice relates to special circumstances such as antisocial behaviour, any eviction notice served by a landlord must, until 31 March 2021, provide the tenant with at least 6 months’ notice. In other words, unless a further extension is announced on the application of Schedule 29 of the Coronavirus Act 2020, Landlords will be able to revert to providing the notice periods required prior to the Coronavirus Act 2020 – i.e. 2 months’ notice in respect of section 21 notices and 2 weeks’ notice in respect of section 8 notices.

Residential landlords’ options for evicting a tenant

The expected reversion to the old rules governing evicting a tenant provides residential landlords with the following options:

1. To serve an eviction notice prior to 31 March 2021, giving 6 months’ notice to the tenant and wait until the expiry of that notice to issue proceedings;

2. To serve an eviction notice after 31 March 2021, in the hope that a further extension is not announced, providing 2 months or 2 weeks’ notice (under S.21/S.8 respectively) to the tenant and wait until the expiry of that notice to issue proceedings; or

3. To serve an eviction notice prior to 31 March 2021 providing 6 months’ notice and then, subject to whether there is a further extension by the government, serve a second eviction notice after 31 March 2021 providing 2 months/2 weeks’ notice – this gives landlords the ability to rely on either notice served to issue proceedings.

Many residential landlords have been affected by the eviction moratoriums and are keen for the provisions that were in place prior to Covid-19 to be in force again.

If you are seeking to obtain possession of a property, contact Holmes & Hills Solicitors for initial advice and guidance. We can serve an eviction notice before 31 March 2021, and if need be, a second eviction notice after 31 March 2021, for a fixed-fee of £299 +VAT