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Civil way: 28 May 2021

28 May 2021 / Stephen Gold
Issue: 7934 / Categories: Features , Civil way , Procedure & practice
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TAKE NOTICE

Short notice, wrong form. Points of defence to engage housing lawyers in coming months as landlords abandon their claims and reserve notices seeking possession, most recently to be confounded by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No 2) Regulations 2021, SI 2021/564, and the Assured Tenancies and Agricultural Occupancies (Forms) (England) and Suspension (Coronavirus) Regulations 2021, SI 2021/562. The temporary residential coronavirus legislation has set more traps than an overworked pest controller. Let’s take the notice periods in England. In respect of a section 8 Housing Act 1988 notice in form 3, at least three months was required during 26 March to 28 August 2020 inc. This was doubled to a stonking six months during 29 August 2020 to 31 May 2021 inc with modifications for rent arrears, anti-social behaviour, rioting and false statement cases. The six months has now been reduced to four months as from 1 June until 30 September 2021 inc but changes made where rent arrears: four weeks for four months’ arrears and four months for less than four months’

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