Guidance to Understanding the Possession Action Process - Coronavirus Act 2021

As the country looks towards relaxing Lockdown restrictions, the Government has published new guidance for landlords and tenants in England and Wales and is focused on landlords letting to tenants on an Assured Shorthold Tenancy or an Assured Tenancy.

This guide will help you to understand what rights and responsibilities of the landlord when needing to use the courts to take possession of a rental property.

Before taking steps to recover possession of a rental property, the landlord or letting agent should consider discussing any underlying problems with the tenant, either directly or through a mediation service, and try to resolve these without recourse to court action.

Stage 1: Serve a notice to seeking or requiring possession

Serve the tenant with a Section 8 or Section 21 Housing Act 1988 notice, specifying the date by which you would like the tenant to leave your property.

As a result of the Coronavirus Act 2020 changes to Notice periods have been changed:

In England
Notice periods given to tenants from 29 August 2020 until 31 May 2021 must be at least 6 months for most grounds (including Section 21 notices). There are certain cases where a shorter notice period may be provided. These include those in relation to anti-social behaviour (including rioting), false statement and where a tenant has accrued rent arrears to the value of at least 6 months’ rent.

For more detailed information about notice periods between 29 August 2020 and until 31 May 2021 see Section 8 notices and Section 21 notices.

In Wales
Notice periods given to tenants from the 26 March 2020 to 23 July 2020 must be at least 3 months for all kinds of notice. Notice periods given on or after 24 July 2020 to at least 31 March 2021 must be at least 6 months, other than for grounds relating to anti-social behaviour which remained at 3 months until 28 September 2020 but have subsequently returned to their pre-Coronavirus Act 2020 lengths of one month or less, depending on the type of tenancy and ground used.

Stage 2: Making a possession claim

If the tenant does not leave by the date specified in the notice, an application can be made to the court for a possession order. Evidence must be included explaining how the coronavirus pandemic has affected the landlord and the tenant.

If the claim is based on a section 21 notice (Form 6A) and the landlord has relied on ‘accelerated possession proceedings’, the judge can consider the claim documents, any defence received, and make a possession order without a hearing taking place.

Stage 3: Be available on the Review date

A date will be sent to all parties when the judge will review the court file, and a date for the substantive hearing. At least 14 days before the Review, parties will need to confirm to the court that they will be contactable on that date.

On the date of the Review there will be duty scheme advice arrangements in place to assist the tenant and promote settlement.All parties should ensure that they will be available to discuss the case and where possible reach a settlement without the case progressing to a substantive hearing. At Review, if both parties agree, the case will also be referred for mediation, in which a qualified, independent person will assist all parties to reach an agreement without the case progressing to a full possession hearing.

Stage 4: Attend the possession hearing

If no agreement is reached at the Review date there will be a possession hearing 28 days after the review date, at which a judge will decide whether to make a possession order or give other case management directions.

Stage 5: Apply for a Warrant of Possession

If a possession order was granted and the tenant does not leave by the date specified in the order, the landlord can apply to the court for a warrant of possession. The tenant can apply to suspend the Warrant. A county court bailiff will enforce the warrant and carry out the eviction.

Legislation is in place to ensure bailiffs do not serve eviction notices, except in the most serious circumstances. These circumstances are illegal occupation, false statement, anti-social behaviour, perpetrators of domestic abuse in the social sector, where a property is unoccupied following death of a tenant and serious rent arrears of 6 months’ rent or more. The legislation will be extended until the end of 31 May 2021 and given that 14 days’ notice is required before an eviction can take place, no evictions are expected before mid-June except in the most serious circumstances.

In Wales, subject to a periodic three week review, bailiffs are not allowed to enforce evictions until 31 March 2021, except in cases relating to, illegal occupation, anti-social behaviour, eviction of perpetrators of domestic abuse in the social sector where the victim is housed elsewhere and where the property is unoccupied following the death of a tenant.

More detailed information is available on the Government website.