Cardiff Legal Walk 2021

We are proud to take part in the Cardiff Legal Walk 2021 and raise money for the Reaching Justice Wales (local arm of the Access to Justice Foundation) which funds local advice services. Advice agencies do a fantastic job in preventing homelessness, resolving debt problems, gaining care for the elderly and disabled and fighting exploitation for some of the most vulnerable people in our society.   Our walkers are: David Coleman Maria Henson Jake Wesson Jerry Honeyball Natasha Wright Liane Elms Lizzie Tarling Katie Prosser   The money we raise will help to keep local agencies operating and giving access to justice try to as many people as possible. Please support our walkers as generously as you are able. If you would like to donate, you can do so via the link below. Donate Here  
 

Six-month notice periods continue in Wales until the end of 2021

  Earlier this month, the Government had confirmed, in the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, that the notice periods for Section 8 and Section 21 Notices will return to pre-pandemic levels in England from October 1st, 2021.   For more information concerning notice periods in England, please refer to our recent blog post outlining these changes.   However, we have now been notified that notice periods will not return to pre-pandemic levels in Wales. Currently, landlords in Wales must provide six months' notice when terminating a tenancy; these measures were due to expire on 30th September 2021 but have now been extended until December 31st, 2021.   The explanatory notes, written in conjunction with the Coronavirus Act 2020, outlines reasons as to why the Welsh Government have taken this approach. The Welsh Government believe the extended notice periods will support the three overarching aims of the aforementioned Act:-  
  1. Containing and slowing the virus, 
  2. Easing the burden on frontline staff
  3. Supporting people. 
  The notes then goes onto detail how this decision supports those aims in arguing that extended notice periods will:  
  • Reduce homelessness,
  • Reduce pressure on services,
  • Increase scope to support individuals at risk of eviction,
  • Increase security for tenants and reduce anxiety.
  This decision is influenced by the Welsh Governments inability to accommodate evicted tenants (as the pandemic has already placed huge constraints and pressure on local authorities). The explanatory notes then highlight that these local authorities will “struggle to accommodate any significant rise in numbers presenting as homeless.”   In addition, it is noted that the Welsh Government considered reducing the notice periods but ultimately decided at this time it was not appropriate to do so. One motive for their decision is that a Notice issued in September with six months' notice would expire after a Notice issued in October (in the event that shorter notice periods would have applied).   We note that many landlords are also conscious of this and therefore wait for announcements from the Welsh Government. This gives rise to the concern that if landlords are waiting for notice periods to reduce, we could therefore see mass evictions. Notwithstanding, there has been no indication as to how the Welsh Government will prepare for this possible spike in evictions.   At NewBold Solicitors, we offer a free 15-minute telephone consultation to advise landlords of their potential options. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson – Graduate Solicitor – Property Litigation.
 

Notice periods for Section 8 and Section 21 Notices to reduce in England from October 1st 2021.

  In March 2020, the Government introduced emergency legislation which ensured tenancies were subject to a six-month notice period if a landlord sought to terminate the tenancy (with exceptions in certain serious cases). Section 8 and Section 21 notice periods were reduced in June 2021 (and August 2021 if a landlord was evicting a tenant due to unpaid rent); however, they have still not returned to pre-pandemic levels.   The Government has confirmed in the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, that Section 8 and Section 21 notice periods will reduce to pre-pandemic levels in England from October 1st 2021. In effect, the notice period required for a Section 21 Notice will reduce from 4 months to 2 months.   These changes apply to assured shorthold tenancy agreements in England.   It has now been 18 months since emergency legislation was enacted and some landlords have expressed disappointment over the perceived lack of measures to protect their rights. These changes will therefore be welcomed by many landlords in England.   It is important to note, that the Government retains the ability to reapply longer notice periods until March 25th 2022 should the future public health situation warrant a further extension. Ultimately, these changes depend largely on the severity of the pandemic and can be reversed at any time.   We await further updates from the Welsh Government to determine whether notice periods in Wales will also be reduced; the three-month extension to six-month notice periods imposed in June 2021 is due to expire on September 30th 2021.   At NewBold Solicitors, we can offer advice and assistance to landlords and tenants. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson – Graduate Solicitor – Property Litigation