Serving notice on your tenant during COVID-19
c,jermyn • April 24, 2020
Can you and should you serve notice on your tenant during COVID-19
The simple answer is yes, you can serve notice on your tenant during the COVID-19. You must however give them 3 months notice whether you are relying on section 8 or section 21 and you must use the correct prescribed form.
The more complicated question is should you serve notice?
Serving notice on someone to end their tenancy during this unprecedented situation, which is causing untold stress financially and emotionally on most of the population, is unlikely to be an easy decision for most landlords. However, the reality is that landlord's too have financial pressures which will be exacerbated as a result of tenants defaulting on their rent.
Once any notice expires court proceedings may well be required to obtain vacant possession. It may also be necessary to instruct a county court bailiff. Given all possession proceedings have been suspended until at least 30 June 2020, when that suspension is lifted, there will no doubt be considerable delays in the already busy courts. The courts must first hear all of the claims adjourned during the pandemic before dealing with any new claims.
The harsh reality is that it could take several months to gain vacant possession. By serving notice early, you are able to protect your position and save valuable time, reduce the impact financially on you and also the liability for the tenant should possession proceedings sadly be needed.
However, what we would not advise on this situation is to serve notice without engaging in meaningful communication with your tenant. The objective should always be to avoid possession proceedings. We encourage landlord's to make it abundantly clear that the notice is served simply to protect their position and that where possible eviction will be avoided. Make it clear that you are there to assist, provide them resources to obtain advice for financial support and invite them to make proposals that suit you both to keep the tenancy going. Consider temporary rent variation agreements, rent arrears plans, or surrenders if that is instead what suits both parties.
If you need any help negotiating with your tenant or documenting the agreement you have reached then please feel free to contact the team. We have templates available and are also able to draft bespoke agreements.
Finally, if you do serve notice then make sure it is done correctly. An error under these new rules could cause even further delays.
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