England Only

Section 21 and Section 8 notice periods

On 8 September the Government confirmed that notice periods will return to the pre-pandemic levels from 01 October 2021. 

This means that a section 21 notice is valid for six months from date of service. At least two months’ notice must be given to the tenant and the landlord will have the remaining time to apply to the court for possession if required after the expiry of the notice but within six months of the service of that notice. 

A section 8 notice is valid for 12 months from date of service. Depending upon which ground you wish to rely on the notice period can range from no notice required (ground 14), two weeks notice or two months notice. If relying on ground 8, either on its own or in combination with grounds 10 & 11, then at least two months rent arrears is required with the notice period being at least two weeks. 

The regulations do not state that once notice has been served, a shorter notice cannot be served. We would advise if you chose to reissue a notice for a shorter notice period you make it clear to the tenant which notice and notice period you will be relying on.

There will be new 6a (section 21) and Form 3 (section 8) forms reflecting the changes for use from 01 October. Please see the link to the regulations and the prescribed forms below.

https://www.legislation.gov.uk/uksi/2021/994/contents/made