Applies to England only
New rules for section 8 & 21
As of 1 June 2021, the government has made changes to the notice periods, which have generally been reduced when issuing a tenant with a section 8 or 21. New prescribed form 3 and 6a have been issued and should be used from1 June 2021 or before if sending the notice via the post.
From 1 June a section 21 (form 6a) will be valid for 8 months from date of service. A landlord will now be required to give the tenants 4 months’ notice. This still gives the landlord 4 months after the expiry of the notice to apply to court for possession.
From 1 June 2021, when using a section 8 notice (form 3), the notice periods will be the following:
- Grounds 1-6, 9-13, 15 or 16 – notice will remain at 4 months
- Grounds 7 – notice will be 2 months
- Ground 7A – notice is one month
- Grounds 7B – notice will be 2 weeks
- Grounds 14 – notice must be served but with no notice period
- Grounds 17 – notice will be 2 weeks
- Grounds 8,10,11 – rent arrears that are less than 4 months, will be 4 months’ notice
- Grounds 8,10,11 – rent arrears that equal or exceed 4 months, will be 4 weeks’ notice
From 1 August the notice period changes again to:
- Grounds 8,10,11 – rent arrears less than 4 months, will require 2 months’ notice
- Grounds 8,10,11 – rent arrears that exceed 4 months, will require 4 weeks’ notice
If when serving a section 8 and you are using any other grounds with grounds 8,10,11 (except ground14) then notice period will be 4 months notice.
Where multiple grounds are on the same notice the notice generally has to be for the longest notice period. The two exceptions are ground 7A, which used with or without any other grounds is one month long. The second exception is where ground 14 is claimed, with or with any other grounds other than ground 7A, when the notice has to be served by the court application can be made the same day.
Some of the above rules also have to consider the length of a notice to quit for a periodic tenancy.
It is our understanding that if a section 8 or 21 has been served with a longer time frame that you are able to reserve the notice for the shorter notice period, however you would need to make it very clear as to which notice you will be relying on if you need to apply to court for possession. Naturally if your tenant applies for breathing space then notice for arrears cannot be served for 60 days. If they are receiving treatment for mental health issues then notice cannot be served as long as they are receiving treatment and for a further 30 after their treatment has stopped.
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