Winter Eviction Ban – Know The Deferred Termination Dates

1st February 2023

  • 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. (tenant must not receive
    less than 90 days).

Deferred Termination Dates
Deferred termination dates below now replace the originally specified termination dates that fall during the winter emergency period.

Winter Ban Deferred Termination Dates

Probation Period
Notices served in six-month probationary period need a termination date of 18th June 2023. (tenant must not receive less than 90 days). 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.

* Take note of the date of publication of this piece. Information on this website may change with the passing of time and the law is constantly changing. Whilst we take steps to ensure the accuracy of the information, we cannot guarantee this. Clarification should always be sought.  


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