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Possession – more change in England

From the beginning of this month, there has been yet more change on the possession front. Suzanne Gregson examines the latest position.

New forms and new notice periods are now in force from 1 October. As some of the forms are prescribed forms, if the wrong one is used that will render the notice invalid. We recommend using the links below to ensure the correct form is used.

  • Assured - section 21 notice (form 6A) with supporting notes and the section 8 notice (form 3) with supporting notes 
  • Secure 

Notice periods have now returned to pre-pandemic periods – but as it was a long time ago – a summary is as follows:

Section 21 notices

Two month notice period. Notice is valid for six months.

Section 8 notices

Grounds 1,2,5,6,7,9 or 16 – 2 months or if a periodic tenancy the earliest date on which the tenancy could have been brought to an end by an NTQ served at the same time as this notice if longer than 2 months.

Grounds 3, 4, 7B, 8, 10, 11, 12, 13, 14ZA, 14A, 15, 16 or 17 – two weeks.

Ground 7A – one month if a fixed-term tenancy, earliest date on which tenancy could have been brought to an end by an NTQ served at same time as notice.

Ground 14 – immediately.

Secure tenancy

Cannot be earlier than the date when the tenancy could have been brought to an end. So for a weekly or fortnightly tenancy, there should be at least four weeks notice. This notice is valid for 12 months.

Interestingly the form 3 looks different in appearance with the usual note section which appears at the bottom of one of the pages, now removed and put into a separate document called “Notes on Form 3”.

We would advise clients to serve both the notice and the notes for each notice.

The new regulations will not validate any notice previously served giving the wrong notice period. These will need to be reserved using these new notice periods as set out above.

Suzanne Gregson is a partner at Anthony Collins Solicitors.

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