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High Court judgement paves the way for shorter eviction notice periods

Housing associations could be able to give tenants just two months’ notice during probation periods regardless of the total length of their tenancy agreements after a recent High Court judgement.

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High Court judgement paves the way for shorter eviction notice periods #ukhousing

The court dismissed an appeal from Sarah Bamber, a tenant of LiveWest Homes in Plymouth, who claimed that the social landlord had acted unlawfully in issuing her with an eviction with two months’ notice when she had signed up to a seven-year fixed-term tenancy.

Under Section 21 (1B) of the Housing Act, tenancies of more than two years can only be terminated with six months’ notice, although shorter tenancies can be ended more quickly.

Ms Bamber was granted the fixed-term tenancy of her flat in Plymouth in January 2015 and it was due to expire in 2022. However, her tenancy agreement also included a 12-month probation or starter period, during which time a break clause was in effect which LiveWest said allowed it to reduce the notice period to two months, despite the total tenancy length.


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After allegations were made about Ms Bamber’s behaviour, LiveWest began possession proceedings to make her leave the flat within two months, but she claimed that the six-month notice period still applied.

However, a judge has found that the fixed-term tenancy was effectively terminated when LiveWest took action, meaning the housing association could exercise the shorter notice period for eviction.

Giles Peaker, a solicitor and partner in the housing and public law team at Anthony Gold Solicitors in London, said the judgment calls into question the use of the part of law which protects tenants with long-term tenancy agreements.

“The High Court decided that the landlord did not need to give her six months because once the eviction notice had been served the tenancy ceased being for a period of longer than two years,” he explained.

“This calls into question whether Section 21 (1B) can ever apply.”

The decision is likely to affect the outcome of other cases currently being heard, he said.

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