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    Notice periods: Landlord guide

    about 1 month ago
    Notice periods: Landlord guide

    Notice periods are more than just paperwork — they are a roadmap for smooth tenancy management. Whether you are ending a tenancy, dealing with arrears, or planning a new rental, understanding the timeline is crucial.

    Legal Requirements

    Different situations require different notices, and selecting the correct one is essential to avoid delays or disputes. Under current law, a Housing Act 1988 Section 21 notice allows a landlord to end an assured shorthold tenancy (AST) without giving a reason, while a Section 8 notice is used when tenants are in breach, such as falling behind on rent or causing damage.

    The Renters’ Rights Act 2025 brings significant reforms:

    • It abolishes assured shorthold tenancies and the “no‑fault” Section 21 eviction ground, meaning landlords will no longer be able to end tenancies simply because the fixed term has expired.

    • All tenancies will convert into rolling or periodic tenancies (“assured periodic tenancies”) rather than fixed-term tenancies.

    • Landlords will only be able to regain possession on specified statutory grounds rather than relying on no‑fault grounds.

    As these changes are not yet in force, it is vital to continue following existing rules for now while preparing for the forthcoming reforms.

    Tenant Response Times

    Once a valid notice is served, tenants have the right to respond. They may pay overdue rent, dispute the notice, or request a discussion. Under the new regime, tenants will generally be able to terminate their tenancy at any time by giving at least two months’ notice, aligned with the tenancy’s rent period end. Understanding these response periods helps landlords plan their next steps calmly and effectively.

    Court Procedures

    If the matter is not resolved, court action may be necessary. Under the new Act, as no‑fault evictions are abolished, possession proceedings will depend entirely on whether the landlord can establish one of the statutory grounds. Maintaining thorough records of all communications and adhering strictly to legal timelines will be even more important under the reformed system.

    Timing Strategies

    Preparation is essential. Serve notices promptly, monitor deadlines carefully, and document every communication. Key practical steps include:

    • Reviewing existing tenancy agreements to determine which ASTs will convert to periodic tenancies.

    • Updating notice‑serving procedures to align with the new statutory grounds for possession.

    • Keeping up to date with the commencement dates for the Renters’ Rights Act. While the Act has received Royal Assent, the practical rollout of its provisions is still pending.

    • Ensuring all documentation — tenancy agreements, notices served, tenant responses — is thorough, which will aid compliance during and after the transition.

    Need expert guidance on notice periods or tenancy management? Speak to us today for advice tailored to your property.

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