Coronavirus Act 2020

Secure tenancies E+W

F1 [F2 [F3 3 E+W Section 83 of the Housing Act 1985 (proceedings for possession etc. of a dwelling-house let under a secure tenancy: general notice requirements) is to be read, in relation to notices served under that section during the relevant period, as if—

(a) subsection (3) were omitted,

(b) in subsection (4) for the words from the beginning to “specified in the notice,” there were substituted “If the proceedings are for an order for the possession of a dwelling-house [F4 (and F5 ... Ground 2 in Schedule 2 is not specified in the notice)],”,

(c) after subsection (4A) there were inserted—

“(4B) The date specified in accordance with subsection (4)—

(a) must not be earlier than [F6 —

(i) in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and

(ii) in relation to a dwelling-house in Wales][F7 —

(aa) four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and

(ab) where sub-paragraph (aa) does not apply, six months after the date of service of the notice,] and

(b) in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

[F8 (4C) In subsection (4B) “relevant notice period” means—

(a) where any one or more of the following grounds is specified in the notice—

(i) Ground 1 in Schedule 2 and at the time the notice is served at least [F9 four months] rent is unpaid, or

(ii) Grounds 2ZA, 2A or 5 in Schedule 2,

and no other ground is specified, four weeks, F10 ...

[F11 (b) where paragraph (a) does not apply and Ground 1 in Schedule 2 is specified in the notice (and no other ground is specified) and at the time the notice is served less than four months’ rent is unpaid, if the notice is served on or after 1 August 2021, two months, and

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

(d) in subsection (5) for “subsection (3), (4) or (4A)” there were substituted “subsection (4A)”, and

(e) in subsection (6) for “subsections (3) to (5)” there were substituted “subsections (4B)(b) and (5)”.]]

Textual Amendments

F1 Sch. 29 para. 3 suspended in part (W.) (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 7 (with reg. 17)

F2 Sch. 29 para. 3 suspended in part (E.) (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 2(a) (with reg. 4)

F3 Sch. 29 para. 3 suspended in so far as not already suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3 (with reg. 6(1)(3))

F4 Words in Sch. 29 para. 3(b) inserted (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(4)(a) (with reg. 4)

F5 Words in Sch. 29 para. 3(b) omitted (29.9.2020) by virtue of The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 6(2) (with reg. 17)

F6 Words in Sch. 29 para. 3(c) inserted (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(4)(b)(i) (with reg. 4)

F7 Words in Sch. 29 para. 3(c) substituted (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 6(3)(a) (with reg. 17)

F8 Words in Sch. 29 para. 3(c) inserted (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(4)(b)(ii) (with reg. 4)

F9 Words in Sch. 29 para. 3(c) substituted (1.6.2021) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 (S.I. 2021/564), regs. 1(2)(3), 2(5)(a) (with reg. 3)

F10 Word in Sch. 29 para. 3(c) omitted (1.6.2021) by virtue of The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 (S.I. 2021/564), regs. 1(2)(3), 2(5)(b) (with reg. 3)

F11 Words in Sch. 29 para. 3(c) substituted (1.6.2021) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 (S.I. 2021/564), regs. 1(2)(3), 2(5)(c) (with reg. 3)

F12 [F13 4 E+W Section 83ZA of the Housing Act 1985 (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) is to be read, in relation to notices served under that section during the relevant period, as if—

(a) for subsection (10) there were substituted—

“(10) The date specified in accordance with subsection (9)(a)—

(a) must not be earlier than three months after the date of the service of the notice, and

(b) in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section.”, and

(b) in subsection (11) for “subsection (10)(a)” there were substituted “ subsection (10)(b) ”.]

Textual Amendments

F12 Sch. 29 para. 4 suspended (W.) (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 8 (with reg. 17)

F13 Sch. 29 para. 4 suspended (E.) (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 2(b) (with reg. 4)