The End of the Eviction Ban & What That Means For Landlords

Housing Minister Christopher Pincher said that the end of the eviction ban “ensure[s] tenants continue to be supported with longer notice periods, while also balancing the need for landlords to access justice.” 

A temporary ban on bailiff-enforced eviction, which began in March 2020 and was extended
multiple times throughout the Covid-19 pandemic, came to an end on 31 May. 

To initiate eviction proceedings, landlords must first serve their tenants with a notice. The type of notice required will depend on the reason for the eviction. As of 31 May 2021, landlords will be required to give tenants four months’ notice – down from six months - for ‘no fault’ or Section 21 evictions before initiating court proceedings. This notice period will be further reduced to two months on 1 October 2021. If a tenant breaks the terms of the tenancy agreement, this could warrant a Section 8 notice where the minimum notice period will be shorter. In most cases landlords will be required to give two weeks’ notice before starting court proceedings, however this can be reduced to no notice at all in certain circumstances such as antisocial behaviour, depending on the type of tenancy. 

If the tenant has not vacated the property by the time this notice expires, they may go to court and request a possession order, and once this has been obtained, they may apply for a bailiff to repossess the property. Once bailiffs have been issued an eviction order by the courts, they can enforce this within 2 weeks unless the tenant or anyone who lives with them either: 

• has coronavirus symptoms 
• has tested positive for coronavirus 
• has been told to self-isolate by the NHS

Landlords should note that despite easing of restrictions, strict regulations and laws apply regarding eviction that they need to adhere to. It is illegal to harass tenants, lock them out of their homes (even temporarily) or evict them without a notice or court order, and landlords who illegally evict tenants could face custodial sentences and be required to pay damages to renters. 

An alternative to repossession?

In some cases, mediation could be a good alternative to repossession. There are mediation services through courts and local councils that are free to use and it could also be a faster process than repossession, particularly taking the current backlog into account. A neutral third party will help both tenants and landlords come to an agreement that both parties must sign, before being put in front of a judge for approval.