SCHEDULES

SCHEDULE 29Residential tenancies in England and Wales: protection from eviction

Rent Act 1977: protected tenancies and statutory tenancies

2

1

Section 5(1) of the Protection from Eviction Act 1977 (validity of notices to quit) is to be read, in relation to Rent Act notices to quit given by the landlord during the relevant period, as if F8... F1—

a

in relation to premises in England, F10the reference to 4 weeks were a reference to the relevant notice period, and

b

in relation to premises in Wales,F11for paragraph (b) there were substituted—

b

it is given—

i

not less than four weeks before the date on which it is to take effect where the notice to quit specifies that the landlord is of the opinion that the circumstance specified in Case 2 in Schedule 15 to the Rent Act 1977 applies (whether or not any other circumstance specified in that Schedule applies), and

ii

where sub-paragraph (i) does not apply, not less than six months before the date on which it is to take effect.

2

In sub-paragraph (1) F2—

a

“Rent Act notice to quit” means a notice to quit relating to a tenancy that is a protected tenancy for the purposes of the Rent Act 1977 (see section 1 of that Act) F3, and

b

“relevant notice period” means—

i

where the circumstance specified in Case 2 in Schedule 15 to the Rent Act 1977 applies (whether or not any other circumstance specified in that Schedule applies) or at the time the notice is served F12four months’ or more rent is unpaid, four weeks,

ii

where sub-paragraph (i) does not apply and the circumstance specified in Case 10A in Schedule 15 to that Act applies (provided that no other circumstance specified in that Schedule applies), F13four weeks, and

F14iii

where sub-paragraphs (i) and (ii) do not apply and—

aa

the circumstance specified in Case 1 in Schedule 15 to that Act applies (provided that no other circumstance specified in that Schedule applies),

ab

at the time the notice is given less than four months’ rent is unpaid, and

ac

the notice is given on or after 1 August 2021,

two months, and

iv

where sub-paragraphs (i), (ii) and (iii) do not apply, four months.

3

Section 3 of the Rent Act 1977 (terms and conditions of statutory tenancies) is to be read as if after subsection (4) there were inserted—

4A

Proceedings for an order for a landlord to obtain possession of a dwelling-house as against a statutory tenant may not be commenced during the relevant period (see paragraph 1(1) and (2) of Schedule 29 to the Coronavirus Act 2020) unless—

a

the landlord has given the statutory tenant a notice of intention to commence possession proceedings;

b

the notice period is a period of F4—

i

in relation to a dwelling-house in England, at least the relevant notice period, and

ii

in relation to a dwelling-house in WalesF9—

aa

at least four weeks where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground), and

ab

where sub-paragraph (aa) does not apply, at least six months; and

c

the proceedings are commenced on or after the intended date for commencing proceedings.

4B

But the proceedings may be commenced without compliance with subsection (4A) if the court considers it just and equitable to dispense with the requirement to comply.

4C

For the purposes of this section a “notice of intention to commence possession proceedings”, in relation to a dwelling house and a statutory tenant, is a notice that—

a

is in writing;

b

describes the statutory tenancy;

c

states—

i

the address of the dwelling-house,

ii

the name of the statutory tenant, and

iii

the name and address of the landlord;

d

states that the landlord intends to commence proceedings to obtain possession of the dwelling-house as against the statutory tenant;

e

states—

i

the ground or grounds on which the landlord intends to seek possession of the dwelling-house, and

ii

the reason or reasons why the landlord believes the ground or grounds to be applicable;

f

states the date on or after which the landlord intends to commence the possession proceedings;

g

explains that the landlord is prohibited from commencing those proceedings in reliance on the notice—

i

unless that date falls F5, in relation to a dwelling-house in England, at least the relevant notice period after the date on which the notice is given and, in relation to a dwelling-house in WalesF7—

aa

at least four weeks after the date on which the notice is given where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground), and

ab

where sub-paragraph (aa) does not apply, at least six months after the date on which the notice is given,

and

ii

until that date.

4D

A notice of intention to commence possession proceedings may be given by leaving it at, or sending it by post to, the dwelling-house to which it relates.

4E

Where subsection (4A) applies and possession proceedings are commenced in reliance on a notice of intention to commence possession proceedings, the court must not make an order for the landlord to obtain possession of the dwelling-house as against the statutory tenant on a particular ground mentioned in Schedule 15 or 16 to this Act unless—

a

the notice states the ground and one or more reasons why the landlord believes that the ground is applicable, or

b

the court gives permission for the ground to be raised in the proceedings.

4F

In this section, in relation to a notice of intention to commence possession proceedings—

  • “intended date for commencing proceedings” means the date stated in accordance with subsection (4C)(f);

  • “notice period” means the period that—

    1. a

      begins with the date on which the notice is given, and

    2. b

      ends with the intended date for commencing proceedings.

  • F6“relevant notice period” means—

    1. a

      where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground) or at the time the notice is served F15four months’ or more rent is unpaid, four weeks,

    2. b

      where paragraph (a) does not apply and the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 10A in Schedule 15 to this Act and no other ground is specified, F16four weeks

    3. c

      F17where paragraphs (a) and (b) do not apply and—

      1. i

        the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 1 in Schedule 15 to this Act and no other ground is specified,

      2. ii

        at the time the notice is given less than four months’ rent is unpaid, and

      3. iii

        the notice is given or after 1 August 2021,

    4. d

      where paragraphs (a), (b) and (c) do not apply, four months.