Urgent Information regarding Suspensions on Housing Evictions and Service of Notice

At 3:46pm, Friday the Housing Secretary Robert Jenrick announced the Government will be extending the suspension (stay) on eviction proceedings for a further four weeks. It was anticipated that on the 24th August 2020, courts would resume possession proceedings, with the focus being on the pre-existing pre-lockdown claims for possessions and evictions that had been halted as a result of the pandemic.

On 20th September when the courts resume hearings relating to repossession, consideration and priority will be given to the most challenging of cases, prioritising those that involve anti-social behaviour, situations involving criminal activity and of course, rent arrears that have been accrued by the tenant for a significant period of time and have had an impact of the landlords financial situation.

With such an unprecedented situation that has impacted the whole country, this will mean that no tenants have been evicted since the 22nd March 2020. It is important to note that the suspension on housing repossessions also applies to mortgage lenders.

It is important to bear in mind that on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed and that the protocols relating to existing claims for possession requiring claimants (landlords) who intended to resume claims  to “inform the court and defendant in writing via a “Reactivation Notice”. As a result of today’s announcement, it is crucial that landlords seek additional legal advice if in fact they have already advised the court and tenants of their intentions to move forward with possession claims and evictions.

Notice Periods - Section 21 & Section 8

This was discussed in detail with a senior civil servant because it was inaccurately reported not only in the trade press, but also by the BBC. As a result this created a knee jerk reaction.

The key wording to focus on in Robert Jenrick’s announcement are in bold:-

• THE INTENTION TO EXTEND NOTICE PERIODS TO 6 MONTH APPLIES TO ENGLAND ONLY.

• THE GOVERNMENT WILL BRING FORWARD LEGISLATION IN DUE COURSE, ONCE THE URGENCIES OF RESPONDING TO THE PANDEMIC HAVE PASSED, TO DELIVER A BETTER DEAL FOR RENTERS AND A FAIRER MORE EFFECTIVE RENTAL MARKET.

Therefore, it is important to consider the following:-

1. The six month notice period does NOT start with immediate effect.

2. There are NO amended documents available for landlords/letting agents to use dealing with a six month notice period. The existing Form 6A (Section 21) and Form 3 (Section 8) MUST still be used until further notice

3. Legislation will be drafted in order to put in place this significant change in notices. We were advised that this may take 4 weeks.

4. The Ministry of Housing will focus on the Section 8 grounds relating to anti-social behaviour, domestic violence and other more pressing reasons put forward by claimants.

We will release any further updates as we know more however if you have any questions regarding the new rules surrounding Housing Possessions then give us a call.