Guidance

Technical guidance on eviction notices

Updated 28 February 2022

This guidance was withdrawn on 25 March 2022

This guidance has been withdrawn because it’s no longer current. Check up-to-date coronavirus (COVID-19) guidance and information.

Applies to England

What has changed

The government has published its plan for living with COVID-19. This means:

From 24 February

• You will no longer be legally required to self-isolate if you test positive for COVID-19. New guidance will advise people who test positive to stay at home and avoid contact with other people.

• You will no longer be legally required to self-isolate if you are an unvaccinated close contact, and will no longer be advised to test for 7 days if you are a fully vaccinated close contact. The government has published new guidance for people with coronavirus (COVID-19) and their close contacts.

Coronavirus Act 2020 and renting

Technical guidance for landlords on the provisions of the Coronavirus Act 2020

Non statutory guidance for landlords in the private and social rented sectors on the measures relating to notices seeking possession modified by the Coronavirus Act 2020. The measures affect most residential possession processes, the chief processes being notices under:

1. Section 21 Housing Act 1988 (Assured Shorthold Tenancies)
2. Section 8 Housing Act 1988 (Assured and Assured Shorthold Tenancies)
3. Section 83 Housing Act 1985 (Secure Tenancies)

The measures also affect notices in relation to less common forms of tenancy under the 1988 and 1985 Acts, and notices under the Rent Act 1977. This guidance does not address these less common forms of tenancy.

All landlords reading this guidance should also read our advice on possession proceedings during the COVID-19 outbreak.

The guidance in this document applies to England.

Possession proceedings during the Coronavirus (COVID-19) outbreak

This guidance sets out the main modifications that the Coronavirus Act, as amended, makes to the notice requirements for a landlord seeking possession of their property under section 83 of the Housing Act 1985 and sections 8 and 21 of the Housing Act 1988. It sets out how landlords should give notice under those provisions and the forms they should use. (See Section 81 and Schedule 29 of the Coronavirus Act 2020 as amended by the:

• Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020, SI 2020/914
• Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021, SI 2021/284
• Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021, SI 2021/564
• Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, SI 2021/994

The government made regulations extending the provisions of the Coronavirus Act 2020, meaning that from 29 August 2020 until 31 May 2021 landlords were not able to start possession proceedings in most circumstances unless they had given their tenants six months’ notice. Shorter notice periods applied to certain cases where the landlord wanted to evict the tenant because of rent arrears of six months or more, anti-social behaviour (including rioting), certain cases of domestic abuse in the social sector, false statement, where the tenant had passed away or where the tenant didn’t have the right to rent under immigration legislation.

From 1 June 2021, notice periods reduced to four months in most circumstances, including for cases where there were less than four months of unpaid rent. Notice periods for the most serious cases, as set out above, remained lower. Notice periods for cases where there were less than four months of unpaid rent, further reduced to two months’ notice from 1 August 2021. For landlords seeking possession on the grounds of the death of the tenant, or due to their tenant having ‘no right to rent’ the minimum notice periods also returned to their pre-COVID levels from 1 June 2021 of two months and two weeks respectively.

From 1 October 2021, all notice periods will return to the pre-Covid lengths.

Section 21 notices requiring possession of a property under an assured shorthold tenancy

Landlords can only use a Section 21 notice to ask their tenants to leave their property:

• If the notice expires at or after the end of the fixed term.
• During a tenancy with no fixed end date - known as a ‘periodic’ tenancy.

Where a landlord gave a tenant a valid Section 21 notice between 29 August 2020 and 31 May 2021 inclusive, it can be relied upon to commence proceedings for:

• 10 months from the date it is given to the tenant, where Section 21(4D) applies; or
• 4 months from the date specified in the notice as the date after which possession is required, if Section 21(4E) applies.

Where a landlord gave a tenant a valid Section 21 notice between 1 June 2021 and 30 September 2021, it can be relied upon to commence proceedings for:

• 8 months from the date it is given to the tenant, where Section 21 (4D) applies; or
• 4 months from the date specified in the notice as the date after which possession is required, if Section 21 (4E) applies.

Where a landlord gives a tenant a valid Section 21 notice on or after 1 October 2021, it can be relied upon to commence proceedings the notice will be valid for:

• 6 months from the date it is given to the tenant, where Section (4D) applies; or
• 4 months from the date specified in the notice as the date after which possession is required, if Section 21(4E) applies.

Section 21 (4D) applies where the tenancy granted is/was a) a fixed term tenancy or b) a periodic tenancy under the terms of which the tenant is entitled to no more than 2 months’ notice. Section 21 (4E) applies where the tenancy granted is a periodic tenancy under the terms of which the tenant is entitled to more than 2 months’ notice.

A landlord cannot use a Section 21 notice if any of the following apply:

• It is less than four months since the tenant entered into occupation as the tenant of the property.
• The property is a house in multiple occupation and requires a licence under Part 2 of the Housing Act 2004 S55 and that licence has not been obtained. Unless a temporary exemption applies, an application for a licence has been made and is still effective or the landlord has notified their local authority that they are seeking a temporary exemption and that notification is still effective. (This applies even if a licence application or notification could not be made due to COVID-19 outbreak).
• The property is other residential accommodation and requires a licence under Part 3 of the Housing Act 2004 S79 and that licence has not been obtained. Unless a temporary exemption applies, an application for a licence has been made and is still effective or the landlord has notified their local authority that they are seeking a temporary exemption and that notification is still effective (this applies even if a licence application or notification could not be made due to the coronavirus (COVID-19) outbreak).
• The tenancy was granted on or after 6 April 2007 or is a statutory periodic tenancy that arose on or after that date and the landlord has not complied with the relevant tenant deposit protection legislation.
• The council has served an improvement notice or an emergency remedial notice in the last 6 months.
• Guidance describes on measures that will protect tenants from eviction when they raise a complaint about the condition of their home.

For tenancies granted on or after 1 October 2015, a landlord also cannot use a Section 21 notice if they have not given their tenants copies of:

• the property’s Energy Performance Certificate.
• a current Landlord Gas Safety Record (if the property has gas appliances installed).
• the government’s ‘How to rent’ guide

Giving tenants a Section 21 notice

Landlords must use Form 6A if the tenancy was started or renewed after 30 September 2015.

Form 6a has been amended to reflect the changes to possession procedures which come into force on 1 October 2021 and it is available on the gov.uk assured tenancies forms webpage from 1 October. In particular, it states that where the notice is issued on or after 1 October 2021, tenants are entitled to at least two months’ notice before the landlord is able to apply to the court for a possession order. The Form 6A referring to the 4-month notice period requirement can only be used for notices issued between 1 June 2021 and 30 September, and the Form 6A referring to the 6-month notice period requirement can only be used for notices issued on and before 31 May 2021.

If the tenants do not leave the property by the date specified on the form as the date after which possession is required, the landlord can apply to the court, within the relevant timeframe, for a possession order using either the standard possession process or the accelerated possession process.

Section 8 notices seeking possession of a property under an assured or assured shorthold tenancy

To give tenants a Section 8 notice that the landlord intends to seek possession using a ground in schedule 2 to the Housing Act 1988, a landlord must fill in Form 3 – ‘Notice of intention to begin proceedings for possession of a property in England let on an assured tenancy or an assured agricultural occupancy’, this was previously known as a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’.

As well as being re-named, Form 3 has been amended to remove the detailed notes that appeared within the form. The notes are now contained in a separate document – the notes are for landlords and tenants and landlords are asked to provide a copy of the notes to the tenant when serving the completed form. The new Form 3 came into force on 1 October 2021. Notice period lengths for Section 8 returned to pre-Covid lengths from 1 October 2021 and the earliest date on which possession proceedings can begin will depend on the ground(s) on which possession is sought. The table below illustrates the notice periods now required for the different grounds.

Landlords need to specify in the notice the specific grounds they are using to seek possession of the property.

If the case involves anti-social behaviour, and ground 14 or ground 7A is being relied upon, then the notice period for those grounds will apply even if other grounds are also being used.

Where the landlord relies on multiple grounds (but not ground 14 or ground 7A) the notice required will be the higher of the notice periods relevant to those grounds.

Where the landlord is seeking possession on grounds 1, 2, 5 to 7A, 9 or 16 (without ground 14) court proceedings also cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as the notice.

The lifespan of Section 8 notices remains unchanged by the Coronavirus Act 2020. Section 8 notices can relied upon to commence court proceedings for up to12 months after they are served.

Landlords can apply to the court for a possession order if the tenants do not leave by the date specified in the form as the earliest date on which possession proceedings can be brought.

Minimum notice period lengths under Section 8 of the Housing Act 1988

Legislation: Section 8, Housing Act 1988 / For grounds see Schedule 2 to the Act / Applicable to assured and assured shorthold tenancies

Users: Private sector and private registered providers of social housing

Ground	Modified notice period: 26 March 2020 - 28 August 2020	Modified notice period: 29 August 2020 - 31 May 2021	Modified notice period: 1 June - 30 September 2021	Return to pre-Coronavirus Act 2020 notice period: from 1 October 2021
Mandatory (judge must award possession if ground met)
1: Landlord wants to move in	3 months	6 months	4 months	2 months
2: Mortgage repossession	3 months	6 months	4 months	2 months
3: Out of season holiday let	3 months	6 months	4 months	2 weeks
4: Let to student by an educational institution	3 months	6 months	4 months	2 weeks
5: Property required for use by minister of religion	3 months	6 months	4 months	2 months
6: Demolition / redevelopment	3 months	6 months	4 months	2 months
7: Death of tenant	3 months	3 months	2 months	2 months
7a: Serious anti-social behaviour	3 months	4 weeks (periodic tenancy) 1 month (fixed term tenancy)	4 weeks (periodic tenancy 1 month (fixed term tenancy)	4 weeks (periods tenancy) 1 months (fixed-term tenancy)
7b: No right to rent in the UK	3 months	3 months	2 weeks	2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings	3 months	(a) 4 weeks where arrears are at least 6 months (b) 6 months where arrears are less than 6 months	a) 4 weeks where arrears are at least 4 months b) 4 months where arrears are less than 4 months From 1 August 2021 - 2 months’ notice where arrears are less than 4 months	2 weeks
Discretionary (judge can decide whether to award possession, if ground met)
9: Alternative accommodation available	3 months	6 months	4 months	2 months
10: Some rent arrears at the time of service of notice and possession proceedings	3 months	a) 4 weeks where arrears are at least 6 months b) 6 months where arrears are less than 6 months	a) 4 weeks where arrears are at least 4 months b) 4 months where arrears are less than 4 months From 1 August 2021- 2 months’ notice where arrears are less than 4 months	2 weeks
11: Persistent late payment of rent	3 months	a) 4 weeks where arrears are at least 6 months b) 6 months where arrears are less than 6 months	a) 4 weeks where arrears are at least 4 months b) 4 months where arrears are less than 4 months From 1 August 2021- 2 months’ notice where arrears are less than 4 months	2 weeks
12: Breach of tenancy agreement	3 months	6 months	4 months	2 weeks
13: Tenant deteriorated property	3 months	6 months	4 months	2 weeks
14: Nuisance/annoyance, illegal/immoral use of property	3 months	None - proceedings may be commenced immediately after service of notice	None- proceedings may be commenced immediately after service of notice	None – proceedings may be commenced immediately after service of notice
14A: Domestic abuse (social tenancies only – where victim has permanently left the property)	3 months	2 weeks	2 weeks	2 weeks
14ZA: Rioting	3 months	2 weeks	2 weeks	2 weeks
15: Tenant has deteriorated furniture	3 months	6 months	4 months	2 weeks
16: Employment	3 months	6 months	4 months	2 months
17: False statement	3 months	2 weeks	2 weeks	2 weeks

Notices under section 83 of the Housing Act 1985 seeking possession of a property let under a secure tenancy

Part I – Secure Periodic Tenancies

To give tenants notice that the landlord intends to seek possession of a secure periodic tenancy, a landlord must fill in this form - ‘Part I Notice of Possession under section 83 of the Housing Act 1985’.

The form has been amended to reflect the changes to possession procedures following the new regulations which came into force on 1 October 2021.

Notice periods for section 83 returned to the pre-COVID position from 1 October 2021 and the earliest date on which possession proceedings can begin will depend on the ground(s) on which possession is sought. The table below sets out the minimum notice periods required for the different grounds.

Court proceedings also cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as the notice. That is a period equivalent to a period of the tenancy, up to a maximum of 6 months.

Landlords need to specify in the notice the specific grounds they are using to seek possession of the property. The table below sets out how much notice a landlord needs to provide depending on which ground they use.

This includes where possession is being sought on Ground 2 of Schedule 2 to the Housing Act 1985. Where that is the case, the notice period associated with Ground 2 will apply even where any of the other grounds are also being used.

Where the landlord relies on multiple grounds (but not ground 2) the minimum notice required will be the higher of the notice periods relevant to those grounds.

Landlords can apply to the court for a possession order if the tenants do not leave by the specified date.

Part II – Secure Tenancies for A Fixed Term

To give tenants notice that the landlord intends to seek possession of a secure tenancy for a fixed term (that contains a provision which allows a landlord to bring it to an end before the fixed term expires), a landlord must fill in this form - ‘Part II Notice of Seeking Termination of Tenancy and Recovery of Possession under section 83 of the Housing Act 1985’

A requirement to specify a date after which proceedings might be begun, in this form, was introduced for the purposes of the pandemic. That requirement has now been removed and there is a new prescribed form as from 1 October 2021.

Landlords need to specify on the notice the specific grounds they are using to seek possession of the property.

Minimum notice period lengths under Section 83 of the Housing Act 1985

Legislation: Section 83, Housing Act 1985 / For grounds see Schedule 2 to the Act / Applicable to secure tenancies

Users: Local authorities and where tenancy granted pre-1988 Act, private registered providers of social housing

Ground	Modified notice period: 26 March 2020 - 28 August 2020	Modified notice period: 29 August 2020 - 31 May 2021	Modified notice period: from 1 June 2021	Return to pre-Coronavirus Act 2020 notice period: from 1 October 2021
Where court considers reasonable
1: Rent arrears or breach of tenancy	3 months	(a) 4 weeks where arrears are at least 6 months and no other ground is specified (apart from ground 2) (b) 6 months where arrears are less than 6 months	a) 4 weeks where arrears are at least 4 months and no other ground is specified (apart from ground 2) b) 4 months where arrears are less than 4 months From 1 August 2021- 2 months’ notice where arrears are less than 4 months	4 weeks
2: Nuisance/annoyance, illegal/immoral use of property	3 months	None - proceedings may be commenced immediately after service of notice	None- proceedings may be commenced immediately after service of notice	None - proceedings may be commenced immediately after service of notice
2ZA: Rioting	3 months	At least 4 weeks where no other ground is specified (apart from ground 2)	At least 4 weeks where no other ground is specified (apart from ground 2)	4 weeks
2A: Domestic abuse (where victim has permanently left the property)	3 months	At least 4 weeks where no other ground is specified (apart from ground 2)	At least 4 weeks where no other ground is specified (apart from ground 2)	4 weeks
3: Deterioration of property (tenant at fault)	3 months	6 months	4 months	4 weeks
4: Deterioration of furniture (tenant at fault)	3 months	6 months	4 months	4 weeks
5: False statement	3 months	At least 4 weeks where no other ground is specified (apart from ground 2)	At least 4 weeks where no other ground is specified (apart from ground 2)	4 weeks
6: Assignment by mutual exchange for a premium	3 months	6 months	4 months	4 weeks
7: Tied accommodation and misconduct	3 months	6 months	4 months	4 weeks
8: Temporary home while works being carried out	3 months	6 months	4 months	4 weeks
Where suitable alternative accommodation is available
9: Overcrowding	3 months	6 months	4 months	4 weeks
10: Demolition/redevelopment	3 months	6 months	4 months	4 weeks
10A: Regeneration	3 months	6 months	4 months	4 weeks
11: Charity and has not met objectives	3 months	6 months	4 months	4 weeks
Where suitable alternative accommodation is available and court considers reasonable
12: Tied accommodation/employment	3 months	6 months	4 months	4 weeks
13: Accessible accommodation and tenant doesn’t require it	3 months	6 months	4 months	4 weeks
14: Housing association, accommodation for people who have difficulty in meeting specific housing needs and tenant no longer requires it	3 months	6 months	4 months	4 weeks
15: Housing for people with special needs, and tenant no longer requires it	3 months	6 months	4 months	4 weeks
15A: Succession, property too big (Only applies in England)	3 months	6 months	4 months	4 weeks
16: Succession, property too big (Only applies in Wales)	3 months	6 months	4 months	4 weeks

A note on making alterations to the prescribed forms

The wording in these forms has been carefully drafted to ensure that the person on whom it is served may understand what is being proposed and what they may do in response. Legislation requires you to use the prescribed form, or a form substantially to the same effect. Failure to serve the correct form may mean the Court will not grant a possession order. You should not alter the wording in these forms unless a form says you may do so. If you alter the wording, the form may be invalidated.