SCHEDULES

SCHEDULE 29E+WResidential tenancies in England and Wales: protection from eviction

Consequential modifications in relation to prescribed formsE+W

10(1)Part 1 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (S.I. 1987/755) (notice of seeking possession) is to be read, in relation to notices served under section 83 of the Housing Act 1985 during the relevant period, as if—E+W

(a)in the first paragraph 5—

F1[F2(i)the words “Cross out this paragraph if possession is being sought on Ground 2 of Schedule 2 to the Housing Act 1985 (whether or not possession is also sought on another Ground)” were omitted,]

[F3(ia)where the notice is served in relation to a dwelling-house in England, in the first bullet point, for the words from “the date when” to the end there were substituted “the relevant notice period from the date this Notice is served and also cannot be earlier than the date on which your tenancy or licence could be brought to an end by notice to quit given by the landlord on the same date as this Notice.

(ib)where the notice is served in relation to a dwelling-house in England, after the first bullet point, there were inserted—

  • “The relevant notice period is—

(a)four weeks where any one or more of the following grounds is specified in the notice—

(i)Ground 1 in Schedule 2 to the Housing Act 1985 and at the time the notice is served at least [F4four months’] rent is unpaid, or

(ii)Grounds 2ZA, 2A or 5 in Schedule 2 to that Act,

and no other ground is specified, F5...

[F6(b)where paragraph (a) does not apply, Ground 1 in Schedule 2 to that Act is specified in the notice (and no other ground is specified), and at the time the notice is served less than four months’ rent is unpaid, if the notice is served on or after 1 August 2021, two months, and

(c)where paragraphs (a) and (b) do not apply, four months.”].]

(ii)[F7where the notice is served in relation to a dwelling-house in Wales,] in the first bullet point, for the words from “the date when” to the end there were substituted [F8"—

(a)four weeks from the date this Notice is served where Ground 2A in Schedule 2 to the Housing Act 1985 is specified in the Notice and no other ground is specified, and

(b)where paragraph (a) does not apply, six months from the date this Notice is served.

Court proceedings also cannot be begun earlier than] the date on which your tenancy or licence could be brought to an end by notice to quit given by the landlord on the same date as this Notice”, and

(iii)in the second bullet point, for “this date” there were substituted “ the date in this paragraph ”, and

F9[F10(b)the second paragraph 5 were omitted.]

F11F12F13F14(2)[F15Part 2 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (S.I. 1987/755) (notice of seeking termination of tenancy and recovery of possession) is to be read, in relation to notices served under section 83 of the Housing Act 1985 during the relevant period, as if after paragraph 4 there were inserted—]

“

”

Textual Amendments

F11Sch. 29 para. 10(2): in the first bullet point of the modification, after the words "earlier than" the words "— (a) in relation to a dwelling-house in England, the relevant notice period from the date this Notice is served, and (b) in relation to a dwelling-house in Wales," are inserted (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(10)(b)(i) (with reg. 4)

F12Sch. 29 para. 10(2): after the first bullet point of the modification the words “The relevant notice period is — (a) four weeks where any one or more of the following grounds is specified in the notice — (i) Ground 1 in Schedule 2 to the Housing Act 1985 and at the time the notice is served at least six months’ rent is unpaid, or (ii) Grounds 2ZA, 2A or 5 in Schedule 2 to that Act, and no other ground is specified, and (b) otherwise, six months (unless proceedings are brought on Ground 2 in Schedule 2 to the Housing Act 1985 in which case they may be begun immediately)." are inserted (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(10)(b)(ii) (with reg. 4)

F13Sch. 29 para. 10(2): in the second bullet point of the modification, the words "the date in this paragraph" are substituted for "this date" (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(10)(b)(iii) (with reg. 4)

F14Sch. 29 para. 10(2): in the first bullet point of the modification, in paragraph (b), the words "— (i) four weeks from the date this Notice is served where Ground 2A in Schedule 2 to the Housing Act 1985 is specified in the notice and no other ground is specified, and (ii) where sub-paragraph (i) does not apply, six months from the date this Notice is served (unless proceedings are brought on Ground 2 in Schedule 2 to the Housing Act 1985, in which case they may be begun immediately)." are substituted for ", three months from the date this Notice is served" (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 13(3) (with reg. 17)

11E+WThe Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. 1997/194) (which applies in relation to Wales) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in paragraph 5 (earliest date on which court proceedings can be brought)—

  • [F16Where the landlord is seeking possession on any of grounds 1 to 7, 8 to 13, 15, 16 or 17 (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date on which this notice is served on you, and in the case of grounds 1, 2 5 to 7, 9 and 16 court proceedings cannot, in any event, begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as the notice.

  • Where the landlord is seeking possession on ground 7A (with or without other grounds), court proceedings cannot begin earlier than 1 month from the date this notice is served on you in the case of a fixed term tenancy and, in the case of a periodic tenancy, court proceedings cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.

  • Where the landlord is seeking possession on ground 14 (with or without other grounds other than ground 7A), court proceedings cannot begin before the date this notice is served on you.

  • Where the landlord is seeking possession on ground 14A (without other grounds), court proceedings cannot begin earlier than two weeks from the date this notice is served on you.]

Textual Amendments

12[F17(1)The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in the notes to paragraph 5 (notes on the earliest date on which court proceedings can be brought)—E+W

[F18(a)for the first and second bullet points there were substituted—

  • Where the landlord is seeking possession on any of grounds 1 to 6, 9, 12, 13, 15 or 16, or of grounds 8, 10 or 11 if at the time the notice is served less than six months’ rent is unpaid, (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date this notice is served on you.

  • Where the landlord is seeking possession on grounds 7 or 7B (without ground 7A or 14) and the paragraph above does not apply, court proceedings cannot begin earlier than three months from the date this notice is served on you.

  • Where the landlord is seeking possession on grounds 8, 10 or 11 and at the time the notice is served at least six months’ rent is unpaid (without ground 7A or 14) and the paragraphs above do not apply, court proceedings cannot begin earlier than four weeks from the date this notice is served on you.

  • Where the landlord is seeking possession on grounds 14A, 14ZA or 17 (without ground 7A or 14) and the paragraphs above do not apply, court proceedings cannot begin earlier than two weeks from the date this notice is served on you.

  • Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14) court proceedings also cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.]

[F19(c)in the third bullet point, for “1 month” there were substituted “3 months”, and]

[F20(d)in the fourth bullet point, for the words “before the date this notice is served” there were substituted “earlier than 3 months from the date on which this notice is served”.]]

[F21(2)The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices given under section 21(1) or (4) of the Housing Act 1988 during the relevant period, as if in Form 6A (notice seeking possession of a property let on an assured shorthold tenancy)—

(a)in the section headed “What to do if this notice is served on you”, in the second paragraph—

(i)for “two months'” there were substituted “[F22six months’]”, and

(ii)the words “if you pay rent quarterly, you must be given at least three months' notice, or,” were omitted, and

(b)in paragraph 3, for “two months'” there were substituted “[F23six months’]”.]

Textual Amendments