1 October 2021 serves as a prominent date for residential landlords looking to obtain possession of their properties following eighteen months of extended notice periods. Since the enactment of Schedule 29 of the Coronavirus Act 2020, the notice periods for s8 and s21 notices have faced multiple extensions, ultimately leaving landlords facing a maximum six month period prior to obtaining possession.
The good news for landlords across England is that the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, which came into force on 1 October 2021, reverts s21 notice periods and the majority of s8 to their pre-pandemic lengths. For ‘no fault’ s21 notices, two months’ notice is required; and for landlords whose tenants have more than two months’ rent arrears, two weeks’ notice is now required. Whilst we hope this is an indication of everything moving in the right direction, the Government has retained the right to extend this period once again if the situation with the pandemic or the economy should change until March 2022. Landlords should, therefore, remain vigilant in case of any future extensions.
Additionally, commercial landlords should be aware of the changes to winding up petitions between 1 October 2021 and 31 March 2022 due to the enactment of the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment to Schedule 10) Regulations 2021. These regulations introduce temporary measures during this six-month period to allow commercial landlords to present winding up petitions in relation to commercial rent arrears if they can show the reason for the non-payment is not related to the coronavirus pandemic. Whilst many may struggle with this requirement due to the ongoing pandemic, it does present some commercial landlords with an opportunity to seek relief. Unfortunately, for commercial landlords, the moratorium on exercising the right to forfeit leases for non-payment of rent remains in place until at least 25 March 2022.
If you are a landlord who requires assistance in relation to rent arrears, obtaining vacant possession or general advice regarding a potential landlord and tenant issue, whether nor not related to the coronavirus pandemic, please do get in contact with a member of the Chelmsford Property Litigation Team.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at October 2021.