Has the notice period for eviction changed?

Introduction

The notice period for eviction in the UK has undergone several changes in recent years, primarily influenced by legislative amendments and temporary measures due to the COVID-19 pandemic. Understanding the current rules and any recent adjustments is crucial for both landlords and tenants.

Pre-COVID-19 Notice Periods

Before the pandemic, the standard notice period for evicting tenants varied depending on the type of tenancy agreement. For assured shorthold tenancies, which are the most common in England and Wales, landlords typically provided a Section 21 notice requiring possession—a 'no-fault' eviction notice—which required at least two months' notice. In contrast, a Section 8 notice, used when tenants breached the terms of their tenancy, had notice periods that varied based on the specific grounds for eviction.

Changes During COVID-19

During the COVID-19 pandemic, the UK government introduced temporary measures to protect tenants from eviction due to the challenges posed by lockdowns and economic disruptions. These measures significantly extended the required notice periods. In England, for most cases, landlords were required to provide a six-month notice period between March 2020 and September 2020. Similar extensions were seen in Scotland and Wales, although specific regulations differed.

Recent Adjustments to Notice Periods

As of October 2021, the notice periods returned closer to their pre-pandemic standards in England. Currently, a Section 21 notice requires at least two months’ notice again. However, adjustments to Section 8 notices remain, with notice periods varying between two weeks and two months depending on the grounds under which the notice is served. In contrast, Scotland and Wales have maintained some of the extended notice period measures. For instance, in Scotland, most notice periods remain at six months, and in Wales, the minimum notice for 'no-fault' evictions is six months for assured shorthold tenancies.

Potential Future Changes

The UK government has indicated an interest in further reforms to tenancy laws, which could lead to additional changes in eviction processes, including notice periods. The anticipated Renters' Reform Bill in England may involve removing Section 21 'no-fault' evictions entirely. If implemented, this would mean significant changes to how and when landlords can evict tenants, likely leading to longer notice periods and more stringent requirements for eviction under specific circumstances.

Conclusion

In summary, while notice periods for eviction in the UK have largely reverted to pre-pandemic lengths, there are ongoing discussions about future reforms which could bring about more significant changes. Landlords and tenants should stay informed of any legislative developments to understand their rights and obligations regarding eviction notice periods.