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Possession Claims – Notice Update

Monday 30 March 2020

As you will be aware, on 26th March the Ministry of Housing, Communities and Local Government (MHCLG) confirmed that, from that date, Landlords will have to give tenants 3 months’ notice if they intend to seek possession of their property.

On 26th March 2020, Form 3 (to be used for possessions brought under Section 8, Housing Act 1988) and Form 6A (to be used for possessions brought under Section 21, Housing Act 1988) were amended so as to reflect the fact they have been amended by the Coronavirus Act 2020.

As set out on their face, these versions of each notice are to be used from now until 30 September 2020. The requirement to use this new version of each notice may be extended beyond 30 September 2020 in due course.

Whilst Landlords should consider whether it would be appropriate and reasonable to serve a notice at this time, if you do serve a notice then you must ensure that the correct notice period (now 3 months) is given and you must ensure that the correct, and most up-to-date, version of the notice relied on is used (as well as ensuring you comply with any other steps required to be able to rely on either Section 8 or Section 21).

These forms may be amended further in due course and we will provide an update should this happen.

If you have any questions or queries, please do not hesitate to contact a member of the Housing and Regeneration team.

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