Logo

SAVE up to 67% vs. a typical high street Solicitor

Providing Accessible and Affordable Legal Services to All

[email protected]
0151 230 8931

  • Home
  • About Us
  • Blog
  • Legal Services
    • Breach of Contract Claims
    • Consumer Rights
    • Debt/Money Claims
    • Deed Polls
    • Direct Access Barristers
    • Flight Delay Claims – Regulation 261
    • Landlord & Tenant Disputes/Claims
    • Legal Costs
    • Legal Document Drafting
    • Paralegal Support
    • Process/Document Serving
    • Reduce your Solicitors’ Bill
    • Small Claims
    • Will Drafting
    • If we can’t help, try…..
      • Direct Access Barristers
  • Downloads
  • Testimonials
  • Contact Us
  • Client Area
    • Pay your Invoice
    • Document Management

Notice Periods – What is the law?

April 21, 2022 By White Collar Legal and Admin

The Coronavirus had a major effect on residential Landlord and Tenant matters especially possession claims. The government changed notice periods for Section 8 and Section 21 Notices and they did this at least 3 times over the Pandemic period. As you can imagine, this led to confusion amongst the industry.

For a notice to be valid, you had to make sure that the correct period of notice was given, for the time you were serving the notice.

On 1 October 2021, the notice periods returned back to pre-COVID periods.

In addition to the various timescales for notices under Section 8 and Section 21, the Protection from Eviction Act 1977 provides that any notice to quit given by a landlord must give at least 4 weeks notice.

I (Philip Nam) recently attended a possession claim, acting for a Landlord, in Dudley County Court. The claim was based on serious rent arrears (Ground 8, Schedule 2, Housing Act 1988). The Section 8 notice was served in November 2021 and gave the tenant 3 weeks notice. The correct notice is 2 weeks and so the Landlord and their Agent were entirely reasonable giving a longer a period. The claim for possession and judgment was successful but at the hearing, the Judge did query the time period for the notice. He specifically asked me to address him on the question as to why the notice was valid given what it says in the Protection from Eviction Act 1977 – that notices must be 4 weeks.

There is a difference between a notice under the Protection from Eviction Act 1977 and a notice given under Section 8 of the Housing Act 1988, which we will explain below:

  • Firstly, a notice given under the 1977 Act is a notice to quit the premises (end the tenancy).  A notice given under the 1988 Act is not a notice to quit, but a notice that the landlord may seek a Court Order for possession on any of the grounds found in Schedule 2 of the Housing Act 1988.
  • Secondly, a notice given under Section 8 of the Housing Act 1988 sets out various timescales (under subsections 3A to 4B) depending on the grounds relied upon.

These submissions were made and the Judge agreed that the 1977 Act did not apply in this case.

It is important for a Landlord to ensure they receive legal advice and when it comes to a hearing, they instruct advocates who aware of the various laws surrounding notices. I can tell you this, if I had been asked this very same question back in 2015, when I started attending Court hearings as an advocate, I would probably not have known the answer….

Filed Under: Blog Tagged With: coronavirus, Court, Eviction Act 1977, Housing Act 1988, landlord, Section 8, Tenant

Reasons to Talk to Us

  • SAVE up to 67% versus a typical high street solicitor
  • FREE Initial consultation
  • Fully Insured, Experienced and Regulated
  • White Collar has the knowledge and expertise you need
  • We are easy to talk to and give advice in plain English
  • If we can’t do the job, we know someone that can
  • Nationwide and Worldwide coverage

Contact Us

  • 1 Old Hall Street, Liverpool, L3 9HF
  • [email protected]
  • 0151 230 8931
  • 0151 808 1320

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create an attorney-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Twitter

Tweets by @WhiteCollarQPAS

Services for Solicitors

We provide Costs Drafting, Advocacy, Locum Fee Earner and Litigation Support services to Solicitors:

Costs Drafting

We have 13 years experience in Civil & Commercial Litigation, Personal Injury and Costs therefore we are able to draft bills accurately and in a compliant manner to ensure maximum recovery at speed and at low cost.

Our payment terms are also competitive:

  • Bill drafting fees reduced as per recovery – ensuring that we will recover the most we can for you;
  • Fixed negotiation fees – to ensure speed and efficiency;
  • Quick turnaround with maximum settlements – to aid your cash flow;
  • Capped fees for Paying Party work;

We are simply interested in good, honest costs drafting, negotiation and advice and our aim is to ensure that your needs come first.

Therefore, unlike other costs drafting firms, we will provide you with the advice before negotiation commences so we both know where we stand in terms of likely recovery and cash flow.

With a FREE Courier Service, we not give us a try for one file and compare us.

Locum Fee Earner/Litigation Support

Having over 12 years experience in civil litigation, We have been assisting solicitor firms with their busy case loads by acting as a fee earner within their firms.

Advocacy

We are able to cover hearings across the North West and North Wales (we can travel further if needed) as your agent for Infant Settlement Approval Hearings, Possession Hearings (Landlord/Tenant and Mortgage) and Costs Hearings.  We can also cover applications, small claims and enforcement hearings.
With fixed fees being applied in many cases, we understand that the lower you pay for advocacy services, the more profit costs you keep for yourself therefore, our fees are reasonable and for most of our local Courts are even cheaper than those charged by the major advocacy agencies.

Administration Services

With over 10 years administration experience, White Collar can offer a wide range of services to assist you and your business in achieving its goals as well as allowing you to save time on things that matter most – your business. The following list is an example of those services offered by White Collar.

  • Copy Typing
  • CV Drafting
  • Data Entry
  • Form Creation
  • General Administration
  • Invoice/Receipt Management/Creation
  • List Building
  • Mail Forwarding/Scanning
  • Online Contact Management
  • Online Diary Management
  • Online Services
  • Powerpoint Presentations
  • Spreadsheets
  • Word Documents

White Collar Legal & Admin

We have over 13 years legal and administrative experience so we can help you with your most of your legal and admin needs.

Reasons to Talk to Us

  • SAVE up to 67% versus a typical high street solicitor
  • FREE Initial consultation
  • Fully Insured, Experienced and Regulated
  • White Collar has the knowledge and expertise you need
  • We are easy to talk to and give advice in plain English
  • If we can’t do the job, we know someone that can
  • Nationwide and Worldwide coverage

Contact Us

  • 1 Old Hall Street, Liverpool, L3 9HF
  • [email protected]
  • 0151 230 8931
  • 0151 808 1320

Like us or follow us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

We are members of…

PPR Practising Certificate

Business Approval Register

Lawshare

Civil Litigation solicitors Wirral

Clerksroom Direct

PPH Logo

© 2023 White Collar (Legal and Admin) Ltd
Website hosting by Lift Legal Marketing · Log in

The White Collar & Scales Logo is a registered trademark owned by White Collar (Legal and Admin) Ltd. White Collar (Legal and Admin) Ltd is a company registered in England and Wales; Reg No.09105650; Registered Address: 1 Old Hall Street, Liverpool, L3 9HF. VAT Number: 273 5212 16.

Data Protection Registration: ZA069814 | Privacy Policy

Philip Nam F.Inst.Pa G.CILEx Q.Med.Pa (Director) is a Fellow of the Institute of Paralegals (member#207496) and is authorised and voluntarily regulated by the Professional Paralegal Register.

The legal information given on this website is subject to our Legal Information Disclaimer (PDF 49KB) and our Website Use Disclaimer (PDF 72KB).

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT