Residential tenancies: protection from eviction
- It is necessary to ensure that tenants in the private and social rented sectors are protected from eviction for a reasonable and specified period of time, in recognition of the unusual circumstances arising from the COVID-19 outbreak. As such, the Act delays when landlords are able to evict tenants either by extending the notice period that landlords in England and Wales are required to serve on a tenant to at least three months or, in some cases, creating a three months’ notice requirement where a requirement to give notice does not currently exist.
- Under the current legislative framework for both the private and social rented sectors, landlords are able to lawfully evict a tenant and gain possession of the property under a range of circumstances. To do so, they must usually serve on the tenant a valid notice of intention that they wish to possess the property and may be required to evidence their reason for seeking possession in court. These reasons can include when the tenant has accumulated rent arrears. The Act applies to all landlords who have granted tenancies governed by the Rent Act 1977 and the Housing Acts 1985, 1988 and 1996. This covers all statutory tenants in the private and social rented sectors. It does not include common law tenancies or licenses (other than secure licenses).
