As the fallout from the Coronavirus pandemic and subsequent lockdown continues to be understood, the Government has announced emergency legislation to prevent landlords evicting their tenants.
With so many renters potentially facing uncertain or reduced incomes, or in many cases being made redundant, the Government has moved to protect residential tenants impacted by Covid-19 from eviction. Here, Hayley Wharton offers some advice on the situation.
Can I evict a tenant from my property?
Simply put, not at the moment. The emergency legislation suspends all new and existing claims for possession, and no new possession proceedings will be allowed for at least three months where notice has been served after March 26, 2020.
Ministers had pledged to introduce a complete ban, but the changes as introduced in the legislation instead extend the notice period a landlord should serve before proceedings begin – from two to three months. Landlords are unable to commence the court process until this timeframe has elapsed.
This will apply until September 30, 2020, which could yet be extended depending on how well the UK is able to fight off the pandemic.
The new rules cover all grounds of evictions, and not just apply to claims based on rent arrears grounds – i.e. where someone has been affected financially by the pandemic.
It was initially unclear how ongoing possession proceedings would be affected, but there has since been some guidance provided by the Government which announced the suspension of new and existing housing possession claims for a 90 day period from March 27, 2020.
The automatic suspension would not apply to an application for case management directions if both parties agree directions in order to progress the claim. However, as I see it, this would not apply to existing possession claims where directions are in place, as the case would remain stayed.
Couldn’t this leave a landlord themselves in a potentially difficult position, and what support is available for them?
The ‘mortgage holiday’ announced for people who own their homes also applies to those buy-to-let landlords whose tenants have been hit by the virus, so at least some support is available for struggling landlords too.
The Financial Conduct Authority (FCA) has also issued guidance to mortgage lenders themselves asking them not to repossess properties unless the customer agrees it is ‘in their best interest.’
What if I feel I still need to go ahead with possession proceedings?
Given the three-month buffer period, it is safe to expect delays in the process. A landlord – while not stopped from issuing – is stopped from progressing the claim once issued or obtaining an eviction.
The eviction ban does not apply to possession proceedings against trespassers or interim possession orders, which are made against persons unknown – usually squatters.
The Government is working to widen the existing pre-action protocol for possession claims for social landlords to cover private renters. This will mean that landlords will be required to contact tenants to determine their financial position before taking possession action. It is to encourage landlords and tenants to work together through this difficult time.
Importantly, it does not let a tenant ‘off the hook’ for rent payments.
For further advice on landlord and tenant law, call Hayley Wharton on 0161 761 8062 or email her at hayley.wharton@whnsolicitors.co.uk
