Notice periods returning to their pre-COVID lengths

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    Notice periods returning to their pre-COVID lengths

    I have recently read a motion has been tabled to return notice periods to their pre-COVID lengths of 2 months from October. I issued a notice to vacate to my tenant on 27 August giving them 4 months until 27 Dec.

    Can I issue another notice in October should the motion be passed so that I give only 2 months meaning tenant should vacate by beginning of December i.e. can this second notice override the first?

    #2
    No, the guidance is not to serve notice until October. I'm your case it'd make absolutely no difference, so I'd leave as it is.
    <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

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      #3
      Why would it make no difference? It would make a difference if the first notice was void?

      Comment


        #4
        Yes you can serve a new shorter one on 1 Oct.

        (I haven't checked whether it's positive or negative motion secondary legislation, but either way it's not really something that wouldn't pass. It's going to happen unless the government changes their mind.)
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          I think it happens pretty much automatically.
          The legislation that allowed the government to make the changes for Covid without votes in parliament must expire at some point, and then almost everything is meant to revert to the pre-pandemic state - so there should be swathes of regulation changes.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by Adam78 View Post
            Why would it make no difference? It would make a difference if the first notice was void?
            The original notice wouldn't be voided. If you were to issue it again in October it wouldn't be effective til 27th/28th October (depending on the start date), so would have the same expiry date as the one already served.
            <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

            Comment


              #7
              Err what?!?

              Where do you get the 2nd notice starting from late October from?
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                The new Regulations have already been 'Made' (passed into law), the Regulations come into force on 30th September 2021.

                I had posted about it but the link got broken/moved, luckilly Ted.E.Bear found and posted the new link and a coupl to the legislation itself, see here:
                https://forums.landlordzone.co.uk/fo...31#post1169331

                Note in particular section 2 of the Explanatory Memorandum, the third link in Ted.E.Bear's post, and the line I have bolded below:

                2. Purpose of the instrument

                2.1 This instrument extends the ‘relevant period’ in Schedule 29 of the Coronavirus Act
                2020 and suspends the operation of various provisions in Schedule 29. The effect of
                this is that requirements relating to the notice of intention landlords are required to
                give to seek possession of property under various statutory tenancy types revert to the
                pre-Coronavirus Act position but the power for the Government to impose longer
                notice periods as an emergency measure is retained until 25 March 2022.
                This
                instrument also prescribes new versions of Form 3, being the form for giving notice
                seeking possession on one or more of the statutory grounds pursuant to section 8
                Housing Act 1988, and Form 6A, being the form for giving notice requiring
                possession under section 21 Housing Act 1988, and the Part 2 notice of seeking
                termination of a fixed term tenancy and recovery of possession under section 83
                Housing Act 1985.

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