Evicting Tenants following New Tier 4 Restrictions

It is an extremely difficult time for both Landlords and Tenants during these unprecedented times. Following the government’s latest restrictions on 20 December 2020, entering more than 38 million people into tier 4, the following still applies to both Landlords and Tenants:

  1. All section 21 evictions are suspended until 21 January 2021, subject to any further changes by the government.
  2. There are a few exceptions to the above, namely antisocial behaviour and if the tenant is in more than 9 months’ rent arrears.
  3. It should be noted that Bailiffs must give the tenant at least 2 weeks’ notice of an eviction date.

Further to the above, all Courts remain open and are hearing possession matters. However, there is a large backlog of cases resulting in serious delays in obtaining a hearing date and possession orders.

Current notice period for eviction notices

From 29 August 2020, all section 21 notices must give a minimum of 6 months’ notice to the Tenant. In addition, the majority of section 8 notices must also give a minimum of 6 months’ notice save for certain breaches of the tenancy agreement such as the tenant being in 6 or more months rental arrears (4 weeks’ notice only) or for antisocial behaviour.

Checklist for serving section 21 notice

In order for a section 21 notice to be valid, the following will need to be served on the Tenant beforehand in compliance with the Deregulation Act 2015:

  1. Protection of the Deposit in a Scheme. The Deposit must be protected within 30 days of entering into the agreement. If the Deposit has not been protected, then a section 21 notice shall only be valid once the deposit has been returned in full to the tenant.
  2. The Landlord must also legally provide the tenant with a specific set of information relating to the tenancy, “Prescribed Information”. This information must be served on the tenants within 30 days.
  3. Must serve a gas certificate and energy performance certificate on the tenant, if applicable. Please note, this may not apply for tenancy agreements prior to 1 October 2015.
  4. Must serve a copy of the “How to Rent: the checklist for renting in England”.

Section 21 Notices will only be valid for six months from the date of issue. This means you have to issue possession proceedings within six months of when it is served. After six months it becomes invalid, and a new Section 21 Notice will need then to be served.

The above obligations and act can found on

If you require any assistance, whether you are a landlord or tenant, please do not hesitate to contact our litigation department.