The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021

Statutory Instruments

2021 No. 994

Landlord And Tenant, England

The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021

Made

6th September 2021

Laid before Parliament

8th September 2021

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State for Housing, Communities and Local Government makes the following Regulations in exercise of the powers conferred by section 83(2)(a) and (7) of the Housing Act 1985(1), sections 8(3) and 21(8) of the Housing Act 1988(2) and section 88(1) and (5) of, and paragraphs 1(2) and 14(1) of Schedule 29 to, the Coronavirus Act 2020(3).

Citation, commencement, extent, application and interpretation

1.—(1) These Regulations may be cited as the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021.

(2) Subject to paragraph (3), these Regulations come into force on 30th September 2021.

(3) Regulations 3 to 6 and the Schedules come into force on 1st October 2021.

(4) These Regulations extend to England and Wales.

(5) These Regulations apply in relation to England.

Amendment of definition of “relevant period” in Schedule 29

2.  In paragraph 1(1)(b)(i)(4) (end of the relevant period) of Schedule 29 to the Coronavirus Act 2020, for “30 September 2021” substitute “25 March 2022”.

Suspension of provisions in Schedule 29

3.  Paragraphs 2, 3 and 5 to 10(1) of Schedule 29 to the Coronavirus Act 2020 are suspended, so far as not already suspended(5).

Amendment of the Secure Tenancies (Notices) Regulations 1987

4.  In the Secure Tenancies (Notices) Regulations 1987(6), for the notice specified in Part 2 of the Schedule, substitute the notice set out in Schedule 1 to these Regulations.

Amendment of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015

5.  In the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015(7)—

(a) omit regulation 3A(8);

(b) in the Schedule, for Form No 3 and Form No 6A set out in the Schedule to those Regulations, substitute the equivalent form set out in Schedule 2 to these Regulations.

Transitional provision

6.—(1) The suspension of provisions in Schedule 29 to the Coronavirus Act 2020 made by regulation 3 does not apply in relation to relevant notices given or served before regulation 3 comes into force.

(2) The amendments made by regulations 4 and 5 do not apply in relation to—

(a) a notice served or proceedings brought under section 83 of the Housing Act 1985;

(b) a notice served or proceedings brought under section 8 of the Housing Act 1988; or

(c) a notice given under section 21(1) or (4) of the Housing Act 1988,

before regulation 4 or 5 comes into force.

(3) In this regulation, “relevant notice” means—

(a) a Rent Act notice to quit(9);

(b) a notice of intention to commence possession proceedings given under section 3 of the Rent Act 1977(10);

(c) a notice served under section 83 of the Housing Act 1985;

(d) a notice given under section 107D(4) of the Housing Act 1985(11);

(e) a notice served under section 8 of the Housing Act 1988;

(f) a notice given under section 21(1) or (4) of the Housing Act 1988;

(g) a notice served under section 128 of the Housing Act 1996(12); or

(h) a notice served under section 143E of the Housing Act 1996(13).

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Eddie Hughes

Minister of State

Ministry of Housing, Communities and Local Government

6th September 2021

Regulation 4

SCHEDULE 1 Notice of seeking termination of tenancy and recovery of possession under section 83 of the Housing Act 1985

Regulation 5

SCHEDULE 2 Forms prescribed for the purposes of sections 8 and 21 of the Housing Act 1988

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 29 to the Coronavirus Act 2020 (c. 7) (“Schedule 29”) and suspend various of its provisions. They also prescribe replacement notices: notice of seeking possession under section 8 Housing Act 1988, notice requiring possession under section 21(1) and (4) of the Housing Act 1988 (c. 50) and notice of seeking termination of a fixed term tenancy and recovery of possession under section 83 of the Housing Act 1985 (c. 68).

Schedule 29 modified various statutory provisions with the effect that during the “relevant period” landlords are, in some circumstances, required to provide a longer period of notice of intention to claim possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust (“relevant tenancies”). “Relevant period” is defined in paragraph 1 of Schedule 29.

Regulation 2 extends the relevant period by changing its end date from 30th September 2021 to 25th March 2022.

Regulation 3 suspends the operation of various provisions of Schedule 29.

Taken together, the effect of regulation 2 and 3 is that the required periods of notice in respect of relevant tenancies revert, from 1st October 2021, to the pre-pandemic periods of notice, whilst the flexibility to impose longer periods of notice, if necessary, is retained until 25th March 2022.

Regulation 4 makes an amendment to the Secure Tenancies (Notices) Regulations 1987, SI 1987/755, by prescribing a replacement notice of seeking termination of tenancy and recovery of possession of a fixed term secure tenancy under section 83 Housing Act 1985. The replacement prescribed notice removes the requirement to state a date after which proceedings may be commenced, which was introduced to protect tenants during the pandemic.

Regulation 5 makes amendments to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, SI 2015/620, by prescribing a replacement notice requiring possession of a property let on an assured shorthold tenancy under section 21 Housing Act 1988, and a replacement notice of seeking possession of a property let on an assured tenancy under section 8 of that Act. The replacement prescribed notices return the period of notice required to the pre-pandemic position. The notices have been simplified and the notice under section 8 has been re-named as a notice of intention to begin proceedings for possession.

Regulation 6 makes transitional provision.

Electronic copies of the prescribed notices are available at:

https://www.gov.uk/guidance/secure-tenancy-forms, or

https://www.gov.uk/guidance/assured-tenancy-forms

Hard copies of the prescribed notices can be obtained from:

Ministry of Housing, Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF

A full impact assessment has not been produced for this instrument as it reverses provisions introduced as a temporary measure.

(1)

1985 c. 68. Section 83 was substituted, together with section 83A, by section 147(1) of the Housing Act 1996.

(2)

1988 c. 50. Section 8(3) was amended by section 151(3) of the Housing Act 1996 (c. 52) and section 97(2)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 21(8) was inserted by section 37 of the Deregulation Act 2015 (c. 20). See section 45 for the meaning of “prescribed”.

(3)

2020 c. 7. The powers conferred by section 88(1) of, and paragraph 1(2) of Schedule 29 to, the Coronavirus Act 2020 are exercisable in England by the Secretary of State. For the relevant definitions of “relevant national authority” see section 88(7) of, and paragraph 1(3)(a) of Schedule 29 to, that Act.

(4)

Paragraph 1(1)(b) was amended, in relation to England, by S.I. 2020/914, 2021/284 and 2021/564.

(5)

S.I. 2020/914 suspended, in relation to England, paragraph 3 (for some purposes), paragraph 4, paragraph 6(a) and (b), paragraph 10(1)(a)(i) and (b) and paragraph 12(1)(c) and (d). Paragraph 12(1) was suspended by S.I. 2021/562. Paragraph 12(2) was suspended by S.I. 2020/924. Schedule 29 has been amended, in relation to England, by S.I. 2020/914, 2021/284 and 2021/564.

(6)

S.I. 1987/755.

(7)

S.I. 2015/620, relevant amending instruments are S.I. 2015/1646, 2016//443 and 2021/562.

(8)

Regulation 3A was inserted by S.I. 2015/1646.

(9)

For the definition of “Rent Act notice to quit” see paragraph 2(2) of Schedule 29 to the Coronavirus Act 2020.

(10)

1977 c. 42.

(11)

Inserted by section 154 of the Localism Act 2011.

(12)

1996 c. 52.

(13)

Inserted by section 14(5) and paragraph 1 of Schedule 1 to the Anti-social Behaviour Act 2003.