Understanding Section 21 & Section 8 Notices
Since the White Paper in 2019 presented the abolishment of Section 21, the word "Eviction" has been confused with the “service of the notice. This misunderstanding of the legal processes has caused a great deal of confusion which has been repeated ad infinitum by the trade press, national press, news outlets and even the Government. Whilst this may seem a trivial comment given that the previous and current Government have ‘peddled’ the idea that every Section 21 notice served by a landlord equates to eviction when in fact the service of the Section 21 is a preliminary step in the legal process of ending a tenancy. it is not, in itself, an eviction.
Big Changes for Landlords and Tenants from 1 June
The Parliamentary CLG Select Committee recently asked that the MHCLG set out its plans for unwinding the various measures put in place to protect tenants during the pandemic. Yesterday they did just that.
The stay on bailiff and HCEO evictions ends completely on 1 June and so landlords will now be able to enforce the various court orders they have obtained. Landlords could in principle apply for warrants now for action after 1 June but I am not sure that the Bailiff’s offices will allow this. There are suggestions of a massive burst of evictions as a result of this but I doubt that will occur. The reality is that the county court bailiffs simply do not have the capacity to do much more than they were doing pre-Covid and so I do not expect them to be doing that many more evictions than they were before the pandemic. The MHLCG press release suggests that there will be priority given to ASB and fraud cases but doubtless there will also be an element of first come, first served. The removal of the stay will also mean that all protections given to tenancies that fall outside one of the statutory regimes (non-Housing Act tenancies) and residential licences will lose all their protection from 1 June.
Also from 1 June there will be the start of a taper in relation to section 8 and 21 notice periods, which have been extended for the pandemic and the regulations to do this have already been laid. The first stage of the taper will last until the end of September.
Guidance to Understanding the Possession Action Process - Coronavirus Act 2021
The impact of the Pandemic has been devastating for so many different sectors of society including the rental market, both private and social. Little under a year ago, the Government made changes to the notices periods required for the service of the 2 most important notices used in housing along with significant amendments to possessions proceedings, in particular, delaying evictions throughout the most of 2020 and into 2021.
As the country looks towards relaxing Lockdown restrictions, the Government has published a new guide 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.
The 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.
Housing Secretary extends support for renters during pandemic
Renters will continue to be supported during the ongoing national lockdown restrictions, with an extension to the ban on bailiff evictions.
Renters protected with ban on bailiff enforced evictions extended until 31 March
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Exemptions in place for the most serious cases
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Part of a wider package of support for renters during the pandemic
Renters will continue to be supported during the ongoing national lockdown restrictions, with an extension to the ban on bailiff evictions, Housing Secretary Robert Jenrick announced today (14 February 2021).
The ban on bailiff evictions - which was introduced at the start of the pandemic - has been extended for another 6 weeks - until 31 March - with measures kept under review in line with the latest public health advice.
Exemptions remain in place for the most serious circumstances that cause the greatest strain on landlords as well as other residents and neighbours, such as illegal occupation, anti-social behaviour and arrears of 6 months’ rent or more.
The measures are part of a wide-ranging package of support the government has provided to protect renters from the economic impact of the pandemic, including supporting businesses to pay staff through the furlough scheme and strengthening the welfare safety-net by billions of pounds.
Landlords are also required to give 6-month notice periods to tenants before starting possession proceedings, except in the most serious circumstances, meaning that most renters now served notice can stay in their homes until at least August 2021, with time to find alternative support or accommodation.
For those renters who require additional support, there is an existing £180 million of government funding for Discretionary Housing Payments for councils to distribute to support renters with housing costs.