The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 29 to the Coronavirus Act 2020 in England.

Schedule 29 to the Coronavirus Act 2020 modified various statutory provisions with the effect that during the relevant period landlords are required to provide at least three months’ notice of intention to seek possession of housing let under a Rent Act 1977 protected or statutory tenancy, a secure tenancy, a flexible tenancy, an assured tenancy, an assured shorthold tenancy, an introductory tenancy or a demoted tenancy let by a local authority or housing action trust.

Schedule 29 was amended by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914) and the Coronavirus Act 2020 (Residential Tenancies: Protection from Evictions) (Amendment) (England) Regulations 2021 (S.I. 2021/284). These Regulations extend the period for which the protection from eviction applied in specified cases and revert the operation of the Schedule where it was thought that the landlord should be able to regain possession of the property at an earlier date.

The provision made by Schedule 29 was to end on 31st May 2021. Regulation 3(2) amends Schedule 29 so that it has effect, in relation to England, until the 30th September 2021.

This has the effect that the notice requirements relating to such proceedings revert to those which had effect prior to the enactment of the Coronavirus Act 2020 (c. 7).

Regulation 2 makes further amendments of the modifications made by Schedule 29. It extends the notice period in most cases to four months.

Regulations 2(3) to (8) amends the modifications made by paragraphs 2, 3 and 6 of Schedule 29 in relation to the Rent Act 1977 protected and statutory tenancies, secure tenancies and assured tenancies.

Regulations 2(9) and (10) amends the modifications by paragraphs 8 and 9 in relation to introductory tenancies and demoted tenancies.

Regulation 2(11) amends the modifications made by paragraphs 10 and 12 of Schedule 29 to make consequential provision in relation to prescribed forms for giving notice to the tenant of proceedings for possession in relation to secure tenancies, assured tenancies and assured shorthold tenancies.

Regulation 3 makes transitional provision with regard to notices given or served before 1st June 2021.

A full impact assessment has not been produced for this instrument as this is a temporary measure.