Changes to eviction notices and forms – an update for landlords

On 1 October, the eviction process in England returned to how it was pre-pandemic for the first time since March 2020.

As a result, landlords seeking eviction need to use updated forms and notice periods to make sure they’re legally compliant.

Read on for guidance on the latest changes to the eviction process, a recap of what’s happened over the last 18 months, and how to reduce the chances of needing to evict tenants.

• Rental reforms edge closer – what’s the latest?
• How to do a landlord tax return
• How has Covid-19 affected landlords?
• What does DSS mean and what is a DSS tenant?
• Landlord insurance vs. home insurance

What are the current eviction notice periods?

After months of restrictions and longer notice periods, eviction rules have returned to how they were pre-pandemic.

If your tenants have an assured shorthold tenancy agreement, these are the notice periods you must follow:

Read Shelter’s guide to mandatory grounds for possession to find out more about what each ground of eviction is for.

That said, it’s important to note that the government has until the end of March 2022 to implement eviction restrictions again using the Coronavirus Act 2020.

Landlords must use new eviction forms

Due to the recent eviction updates, landlords will need to download new forms if they want to serve notice.

The most common eviction forms used by landlords are Form 6a for Section 21 evictions and Form 3 for Section 8 evictions. To make sure your eviction notice is valid, you must use the correct version of the form.

The National Residential Landlords Association has reported that the forms’ wording has changed significantly as a result of the disruption over the last 18 months. For example, the Section 8 form no longer explains what length of notice period is required for each eviction ground.

Forms and the way landlords can process evictions is likely to change again in the coming year. The government is set to publish a rental reforms white paper, which is expected to include widespread changes to Section 21.

In the meantime, you can download the current eviction forms from the government website.

A timeline of the eviction ban

The ability for landlords to repossess properties through the courts was restricted for much of the last 18 months, while standard notice periods were also extended to give tenants more protection.

Throughout this time, there was uncertainty among landlords and tenants as eviction rules changed frequently, and the government made a number of last-minute u-turns.

Here’s a recap of what happened:

• March 2020 – three-month ban on landlords starting court proceedings to evict tenants as Covid-19 situation worsens
• June 2020 – initial three-month ban extended for another two months
• August 2020 – ban extended for another four weeks
• September 2020 – ban lifted, but notice periods extended and Christmas ban announced
• November 2020 – evictions banned (except for most serious cases) until January 2021 as part of second national lockdown
• January 2021 – evictions banned for another three months as part of third national lockdown
• March 2021 – the ban was extended for another three months until the end of May
• June 2021 – ban on eviction proceedings lifted, with standard notice period dropped from six to four months
• October 2021 – eviction process returns to how it was pre-pandemic for first time since March 2020

How to reduce chances of eviction

Evicting tenants is sometimes unavoidable. For example, if you need to live in the property, or the tenants have been illegally subletting and caused serious damage over a long period of time.

However, seeking an eviction should always be treated as a last resort. Not only is the court process time consuming and costly, but having an empty property is rarely in a landlord’s interest.

If you’re having problems with tenants, here are some of the things you can do before seeking an eviction:

• communicate openly and regularly – try to discuss issues and come to a resolution before they get out of hand
• set up a repayment plan – if your tenant is in arrears this can help to get them back on track
• carry out regular inspections – so you can spot any issues early and resolve problems directly
• warn tenants about possible eviction – this could encourage them to change their behaviour

Please use this article as a guide only. Before seeking an eviction, check the latest government guidance and take advice from a legal professional or eviction specialist.

Were you affected by the eviction ban? Let us know in the comments below.

Photograph 1: Antonioguillem/stock.adobe.com