COVID-19 UK Law Key Changes To Eviction Rules For Residential Assured Shorthold Tenancies

• Published date: 05 May 2020
• Author: Mr Michael Morris, Donald Millar, Paige Williams and Shelagh Mason
• Subject Matter: Real Estate and Construction, Coronavirus (COVID-19), Landlord & Tenant - Leases, Government Measures, Litigation, Contracts and Force Majeure
• Law Firm: Collas Crill

The Coronavirus Bill has been rushed through Parliament over the past couple of weeks, and introduces 'extraordinary measures' never seen in peace time in the UK, bringing protection for tenants of UK residential properties.

In relation to residential lettings, the Government made a pledge to introduce a 'complete ban on evictions and additional protections for renters' affected by Coronavirus. The ban has been reflected in their decision to suspend all ongoing housing possession actions. The Coronavirus Bill, which was given Royal Assent (and officially became The Coronavirus Act 2020), has also extended the notice required for possession proceedings.

The changes apply to England and Wales only and came into force on 26 March 2020, and will apply (unless extended) until 30 September 2020, only affecting notices served during this period.

Currently, Assured Shorthold Tenancies, commonly referred to as 'ASTs', are the most popular form of residential tenancies used in the UK, in the private rented sector. An Assured Shorthold Tenancy is a tenancy of a dwelling house, let as a separate dwelling to an individual who occupies the house as their only or principal home, which is entered into on or after 28 February 1997. The rent payable must be neither more than '100,000 a year nor less than '250 a year ('1,000 a year in London).

Until now, if a landlord wanted to bring an AST to an end, they were required to give tenants not less than two months' notice in writing, stating that they require possession of the property. If such a notice is served, a court is required to make an order for possession. There is also an equivalent provision in respect of an AST which is a periodic tenancy, provided that the date specified in the notice is not earlier than the earliest date the periodic tenancy could be terminated by a notice to quit served by the Landlord.

The new law extends that notice requirement to three months. For Landlords, this means that court proceedings for possession cannot begin earlier than three months from the date the...