The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020
| Jurisdiction | UK Non-devolved |
2020 No. 914
Landlord And Tenant, England
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020
Made 27th August 2020
Laid before Parliament 28th August 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State for Housing, Communities and Local Government makes the following Regulations in exercise of the powers conferred by section 88(1) and (5) of, and paragraphs 1(2), 13(1) and 14(1) of Schedule 29 to, the Coronavirus Act 20201.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020.
(2) These Regulations come into force on the day after the day on which they are laid.
(3) In these Regulations, “Schedule 29” means Schedule 29 to the Coronavirus Act 2020 (residential tenancies in England and Wales: protection from eviction).
Suspension of provisions in Schedule 29 to the Coronavirus Act 2020 in England
2. The following paragraphs of Schedule 29 are suspended in relation to England—
(a) paragraph 3 (modification of section 83 of the Housing Act 19852: notice of possession proceedings in relation to secure tenancies) for the purposes of a notice under section 83 of the Housing Act 1985 specifying Ground 2 in Schedule 2 to that Act (discretionary ground for anti-social behaviour) (whether with or without other grounds);
(b) paragraph 4 (modification of section 83ZA of the Housing Act 19853: notice of possession proceedings on absolute ground for anti-social behaviour in relation to secure tenancies);
(c) paragraph 6(a) and (b) (modification of section 8(3A) and (4) of the Housing Act 19884: notice of possession proceedings on Ground 7A and 14 in relation to assured tenancies);
(d) paragraph 10(1)(a)(i) and (b) (modifications to Part 1 of the Schedule to the Secure Tenancies (Notices) Regulations 19875relating to Ground 2);
(e) paragraph 12(1)(c) and (d) (modifications to Form 3 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 20156relating to Grounds 7A and 14).
Amendment of Schedule 29 to the Coronavirus Act 2020
3.—(1) Schedule 29 is amended as follows.
(2) In paragraph 1(1)(b) (end of the relevant period), after “ending with” insert—
“—
in relation to England, 31 March 2021, and
in relation to Wales,”.
(3) In paragraph 2—
(a)
(a) in sub-paragraph (1) (modification of section 5(1) of the Protection from Eviction Act 19777: the required notice period for Rent Act notices to quit), after “were a reference to” insert—
“—
(a)
(a) in relation to premises in England, the relevant notice period, and
(b)
(b) in relation to premises in Wales,”;
(b)
(b) in sub-paragraph (2)—
(i) after “sub-paragraph (1)” insert—
“—
(a)
(a) ”; and
(ii) at the end insert—
“, and
(b)
(b) “relevant notice period” means—
where the circumstance specified in Case 2 in Schedule 15 to the Rent Act 1977 applies (whether or not any other circumstance specified in that Schedule applies) or at the time the notice is served more than six months’ rent is unpaid, four weeks,
where sub-paragraph (i) does not apply and the circumstance specified in Case 10A in Schedule 15 to that Act applies (provided that no other circumstance specified in that Schedule applies), three months, and
where sub-paragraphs (i) and (ii) do not apply, six months.”;
(c)
(c) in sub-paragraph (3) (modification of section 3 of the Rent Act 19778: the notice period for possession proceedings in relation to Rent Act 1977 statutory tenancies)—
(i) in inserted subsection (4A)(b) of the modification, after “period of” insert—
“—
in relation to a dwelling-house in England, at least the relevant notice period, and
in relation to a dwelling-house in Wales,”;
(ii) in inserted subsection (4C)(g)(i) of the modification, after “falls” insert “, in relation to a dwelling-house in England, at least the relevant notice period after the date on which the notice is given and, in relation to a dwelling-house in Wales,”;
(iii) in inserted subsection (4F) of the modification, at the end insert—
““relevant notice period” means—
(a) where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground) or at the time the notice is served more than six months’ rent is unpaid, four weeks,
(b) where paragraph (a) does not apply and the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 10A in Schedule 15 to this Act and no other ground is specified, three months, and
(c) where paragraphs (a) and (b) do not apply, six months.”.
(4) In paragraph 3 (modification of section 83 of the Housing Act 1985: notice of possession proceedings in relation to secure tenancies)—
(a)
(a) in paragraph (b), after “dwelling-house” insert “(and, in relation to a dwelling-house in England, Ground 2 in Schedule 2 is not specified in the notice)”;
(b)
(b) in paragraph (c)—
(i) in inserted subsection (4B)(a) of the modification, after “earlier than” insert—
“—
in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and
in relation to a dwelling-house in Wales,”;
(ii) after “section” at the end of inserted subsection (4B) of the modification, insert—
“4C. In subsection (4B) “relevant notice period” means—
(a) where any one or more of the following grounds is specified in the notice—
Ground 1 in Schedule 2 and at the time the notice is served at least six months’ rent is unpaid, or
Grounds 2ZA, 2A or 5 in Schedule 2,
and no other ground is specified, four weeks, and
(b) where paragraph (a) does not apply, six months.”.
(5) In paragraph 5 (modification of section 107D(4) of the Housing Act 19859: notice of possession proceedings in relation to flexible tenancies), for “three months’” substitute “six months’”.
(6) In paragraph 6 (modification of section 8 of the Housing Act 198810: notice of possession proceedings in relation to assured tenancies)—
(a)
(a) in paragraph (c) for ““three months”” substitute ““the relevant notice period””;
(b)
(b) at the end of paragraph (c), omit “and”;
(c)
(c) in paragraph (d) for ““three months”” substitute ““the relevant notice period””;
(d)
(d) after paragraph (d) insert—
“, and
(e)
(e) after subsection (4B) there were inserted in relation to a dwelling-house in England—
“(4BA) In subsections (4A) and (4B), “relevant notice period” means—
(a)
(a) where—
any of Grounds 1 to 6, 9, 12, 13, 15 or 16 in Schedule 2 to this Act is specified in the notice, or
any of Grounds 8, 10 or 11 in Schedule 2 to this Act is specified in the notice and at the time the notice is served less than six months’ rent is unpaid,
six months,
(b)
(b) where paragraph (a) does not apply and one or both of Grounds 7 and 7B in Schedule 2 to this Act is specified in the notice, three months,
(c)
(c) where paragraph (a) and (b) do not apply and any of Grounds 8, 10 or 11 in Schedule 2 to this Act are specified in the notice, four weeks, and
(d)
(d) where paragraphs (a), (b) and (c) do not apply and any of Grounds 14A, 14ZA or 17 in Schedule 2 to this Act is specified in the notice, two weeks.””.
(7) In paragraph 7 (modification of section 21 of the Housing Act 1988: notice of possession proceedings in relation to assured shorthold tenancies)11—
(a)
(a) in paragraphs (a) and (b), for ““three months”” substitute ““six months””;
(b)
(b) after paragraph (b) (and before “and” at the end of the paragraph) insert—
“(ba)
“(ba) in subsection (4D) for “six months” there were substituted “10 months”,”;
(c)
(c) in paragraph (c) for “three months” substitute “six months”.
(8) In paragraph 8 (modification of section 128 of the Housing Act 199612: notice of possession proceedings in relation to introductory tenancies)—
(a)
(a) at the end of paragraph (a) omit “and”;
(b)
(b) in paragraph (b), in inserted subsection (4A)(a) of the modification, after “period of” insert—
“—
in relation to a dwelling-house in England, the relevant notice period beginning with the date on which the notice of proceedings is served, and
in relation to a dwelling-house in Wales,”;
(c)
(c) after paragraph (b) insert—
“, and
(c)
(c) after subsection (7) there were inserted—
“(8) In this section—
“relevant notice period” means—
(a) where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks, and
(b) in any other case, six months;
“ASB reason” means a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A of Schedule 2 to that Act.””.
(9) In paragraph 9 (modification of section 143E(3) of the Housing Act 199613: notice of possession proceedings in relation to demoted tenancies)—
(a)
(a) after “as if” insert—
“—
(a)
(a) ”;
(b)
(b) in substituted subsection (3)(a) of the modification, after “period of” insert—
“—
in relation to a dwelling-house in England, the relevant notice period beginning with the date on which the notice of proceedings is served, and
in relation to a dwelling-house in Wales,”;
(c)
(c) at the end insert—
“, and
(b)
(b) after subsection (5) there were inserted—
“(6) In this section—
“relevant notice period” means—
(a) where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks, and
(b) in any other case, six months;
“ASB reason” means a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A...
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