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The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 has made it even more difficult for Landlords suffering from rent arrears.
This new regulation came into force on the 17th November 2020 and does not expire until 11th January 2021.
No evictions can now be served upon your Tenants, specifically Section 21 notices using the Form 6A.
The exceptions are:
Anti-social behaviour Secure Tenancies Assured Tenancies Protected/Statutory Tenancies Substantial Rent Arrears
This means that the only way you could evict your Tenant is under the following grounds using a Section 8 Notice:
Ground 1 Ground 2 Ground 2A Ground 5 Ground 7A Ground 8 Ground 10 Ground 11 Ground 14 Ground 14A Ground 15 Ground 17
Should you choose to use Grounds 8, 10 & 11 which are for the non or part payment of rent [please note that with a Section 8 you can use more than one ground], you will need to prove that before 23rd March 2020 the amount of rent arrears was equivalent to or more than 9 months' rent.
As you cannot serve a Form 6A for this period [Section 21 notice], you would have to serve a Form 3. You can download the form here. For Grounds 8, 10 & 11 [Rent Arrears] the notice period has now changed from two weeks' to four weeks' if the rent amount is over 6 months', and to 6 months' if the rent is less than 6 months' in arrears.
If you have any queries regarding evicting your Tenant or Rent Arrears, please feel free to contact Drummonds Property at admin@drummondsproperty.com or 0208 138 1990.