• news-banner

    Expert Insights

Coronavirus Act 2020 - Implications for Residential Tenancies

Since the outbreak of Coronavirus in England and Wales, the Government has introduced a series of measures which have an impacted on many areas including residential tenancies. 

The Coronavirus Act 2020 (“the Act”) came into force on 25 March 2020 and has placed restrictions on termination of residential tenancies. 

Following amendments to The Coronavirus Act 2020, the restrictions detailed below have changed for notices served on or after 29 August 2020. 

Assured Shorthold Tenancies

Prior to the Act, a landlord could serve a Notice pursuant to Section 21 of the Housing Act 1988 (as amended) on a tenant to seek to bring a tenancy to end. These Notices are often referred to as “no fault” Notices. Under a Section 21 Notice a landlord was required to give at least two months’ notice to a tenant to vacate. The Act has extended this notice period to three months for any notices served between 26 March and 30 September 2020. 

Assured Tenancies

Under Section 8 of the Housing Act 1988 (as amended), a landlord may serve notice on a tenant of an assured or assured shorthold tenancy if the landlord can establish one of the statutory grounds such as arrears of rent.

The Act extends the notice periods that a landlord must provide to its tenants in a Section 8 Notice to three months. This is the case for each and every notice period contained within Section 8 which is currently for a period of less than three months. 

The Act does not therefore prevent a landlord from serving a Section 8 Notice on its tenants if there is a breach of the tenancy agreement, it simply extends the date at which they could issue possession proceedings and applies to any notices served between 26 March 2020 and 30 September 2020.

Power to Alter Three Month Notice Periods

There is a power under Schedule 29 of the Act for the three month period to be extended for a period up to six months. 

Possession Proceedings

From 27 March 2020, the Courts are no longer issuing possession proceedings for a period of three months (and this period may be extended). Existing possession matters are suspended and County Court bailiffs have ceased the enforcement of possession orders for the time being. 

Summary

The Act does not prevent a landlord from serving a Section 8 or Section 21 Notice.  However, the notice period contained within the Notice must be extended to give at least three months’ notice under the Act. 

Payment of rent will be the cause of most concern for landlords and tenants during the next few months and there will no doubt be discussions between landlords and tenants in respect of individual tenancies.


This article was written by Tanya Pinto. For more information, please contact Tanya on +44 (0)1483 252575 or at tanya.pinto@crsblaw.com.

Our thinking

  • Overview of the Leasehold and Freehold Reform Bill: What are the key provisions?

    Laura Bushaway

    Insights

  • James Broadhurst writes for the Financial Times’ Your Questions column on business succession plans

    James Broadhurst

    In the Press

  • Talking Retail quotes Jamie Cartwright on the CMA's report on grocery price inflation

    Jamie Cartwright

    In the Press

  • Property Week quotes Claire Fallows on reforms to the planning system announced in the Autumn Statement

    Claire Fallows

    In the Press

  • Francesca Charlton and Kayleigh McKee write for People Management on the Worker Protection Act

    Francesca Charlton

    In the Press

  • Charles Russell Speechlys successfully advises the Joint Liquidators of LB GP No.1 Ltd in Lehman Brothers litigation before the High Court in London

    Daniel Moore

    News

  • Q&A: Adverse possession

    Hope Barton

    Insights

  • FT Wealth quotes Sarah Anticoni and Vanessa Duff on prenups to protect family wealth

    Sarah Anticoni

    In the Press

  • Caroline Swain writes for Startups Magazine on 'Green Claims'

    Caroline Swain

    In the Press

  • Briefing quotes Noni Garrett-Wall and Sarah Grant on Building our Brand

    In the Press

  • The i quotes Rose Carey on UK net migration figures

    Rose Carey

    In the Press

  • BE News quotes Louise Ward on the Autumn Statement and life sciences support

    Louise Ward

    In the Press

  • Spears quotes Piers Master on the Harrington Review of Foreign Direct Investment

    Piers Master

    In the Press

  • The Times quotes Emily Campbell on the Chancellor’s ‘pot for life’ reforms

    Emily Campbell

    In the Press

  • Charles Russell Speechlys hosts second Women in Leadership event

    Sarah Wigington

    News

  • Charles Russell Speechlys Welcomes New Director of Innovation

    Simon Ridpath

    News

  • Reciprocal Enforcement of Judgments between Mainland China and Hong Kong

    Stephen Chan

    Insights

  • Caroline Swain writes for Fashion Capital on the EU’s new legal framework on textiles

    Caroline Swain

    In the Press

  • Bella Stuart-Bourne writes for Independent Community Pharmacist on dilapidations for pharmacy tenants

    Bella Stuart-Bourne

    In the Press

  • Francesca Charlton writes for Personnel Today on how employers can prevent sexual harassment

    Francesca Charlton

    In the Press

Back to top