Changes to Section 21 and Section 8 Notices from 1 October 2021

The amount of notice that landlords had to give when serving a Section 21 or Section 8 Notice on a residential tenant was extended several times as a result of the coronavirus pandemic. However, from 1 October 2021, the notice period has reverted to pre-pandemic levels.

For Section 21 Notices (the no-fault notice, where no reasons have to be given and no default on the part of the tenant has to be established) the notice period has now gone back to 2 months. 

Any notices served before 1 October 2021 still had to give 4 months, and this latest change will not retrospectively validate any notices served prior to 1 October 2021 which gave the wrong amount of notice or which were served on the wrong form.

For Section 8 Notices (where the tenant has breached the terms of the tenancy in some way, most commonly rent arrears) the notice period has reverted to 2 weeks if relying on Grounds 8, 10 and/or 11. As before, where rent is payable monthly, at least 2 months’ arrears must be present at the date of service of the Notice if the landlord is seeking to rely on Ground 8.

Importantly, a new prescribed form of notice has to be used if serving a Section 21 or Section 8 Notice on or after 1 October 2021. The new forms – Form 6A and Form 3 - can be found on the www.gov.uk website.

If you are contemplating serving notice on your tenant, or require advice on a notice you have received, please get in touch for a no-obligation chat.

We act for both Landlords and Tenants in residential possession claims. Should you need any further assistance, please contact our Liam Kreibich on 01332 225207 or at liam.kreibich@smithpartnership.co.uk.