- The Ban commenced 30th October 2022.
- A landlord can still serve a Notice of Termination during the winter emergency period.
- It applies to notices with no fault on the tenants’ part e.g. selling, own use or family member use.
- It does not apply for notices served for breach e.g. Rent Arrears, anti-social behavior – with the exception of overcrowding.
- It applies to Tenancies and licensed Student Specific accommodation
- Notices served in six month probationary period need a termination date of 18th June 2023
Deferred Termination Dates
Deferred termination dates below now replace the originally specified termination dates that fall during the winter emergency period.
| Reference Number
(1)
|
Period during which termination date falls
(2) |
Tenancy duration
(3) |
Deferred termination date (4) |
| 1
|
Beginning 30th October 2022 andending on 31 January 2023 | Less than 6 months |
1 May 2023
|
| 2
|
Beginning on 1 February 2023 and ending on 31 March 2023 | Less than 6 months |
18 June 2023
|
| 3
|
Beginning 30th October 2022 andending on 31 January 2023 | Not less than 6 months but less than 1 year |
1 May 2023
|
| 4
|
Beginning on 1 February 2023 and ending on 31 March 2023 | Not less than 6 months but less than 1 year |
1 June 2023
|
| 5
|
Beginning 30th October 2022 andending on 31 January 2023 | Not less than 1 year but less than 7 years |
15 April 2023
|
| 6
|
Beginning on 1 February 2023 and ending on 31 March 2023 | Not less than 1 year but less than 7 years |
1 May 2023
|
| 7
|
Beginning on the day after the date of the passing of Act and ending on 31 March 2023 | Not less than 7 years |
1 April 2023
|
Tenancy Rights – First 6 Months
Notices served in six month probationary period need a termination date of 18th June 2023
If the above protections mean a tenant gets to stay in the rented property for longer than 6 months, the tenant will not acquire Part 4 tenancy rights (i.e. a tenancy of unlimited duration).
Eviction Ban and Determination Orders
Section 2(1)(b) of the Act provides that where “a determination order issued pursuant to section 121 of that Act in relation to the dispute specifies a termination date that falls during the winter emergency period, the termination date shall be deemed to be the deferred termination date”.
This rule does not cover ‘vacate dates’ in a determination order, where the original termination date fell prior to the winter emergency period and the adjudicator/tenancy tribunal finds that termination notice valid.
For example, where a Notice of Termination had a termination date of 1 September 2022, that notice is found to be valid and the determination order directs the tenant to vacate, for example, within 14 days. If that 14 days falls within the winter emergency period the tenant must still vacate.