Following from our previous update on the abolition of section 21 notices, we can now provide further details of the Government’s 2 stage process for abolition.

Whilst there are no announced dates thus far, the Government has given assurances that there will be at least 6 months’ notice of stage 1 and 12 months’ notice of stage 2.

During stage 1, all new assured tenancies must be “periodic” and none will be fixed term. Tenants will be required to give at least 2 months’ notice before ending their tenancy and these new tenancies will not be able to be ended with section 21 notices, only section 8 notices.

During stage 2, all existing tenancies will become periodic, all tenants will still be required to give at least 2 months’ notice before ending their tenancy and no tenancy will be able to be ended using a section 21 notice, only section 8 notices will be able to be used.

Whilst not attached to  a particular stage, the following changes to section 8 are also going to be implemented:

1. Additional grounds for possessions will be implemented for landlords intending to sell the property, landlords planning intending to either move themselves or close family into the property or in cases where the tenant has been in at least 2 months' arrears 3 times during the last 3 years;
2. The notice period for rent arrears on the s.8 notice will be increased from 2 weeks to 4 weeks; and,
3. The notice period before issuing a claim on the grounds of criminal and/or antisocial behaviour may be shortened, but it is not clear by how much or if this will be implemented.

We will keep you updated on the situation as it develops.