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.
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.
Evictions will NOT take place in areas with TIER 2 and TIER 3 Restrictions
The High Court Enforcement Officers Association (HCEOA) has welcomed the Lord Chancellor’s latest clarification on entering residential properties in the context of the new Local Covid Alert Level system.
The Lord Chancellor has confirmed that HCEOs should instruct enforcement agents “not to enter residential properties in areas that are classed as Local Alert Level 2 (high) or 3 (very high), for the purposes of enforcement including taking control of goods and carrying out evictions.”
Under the new Local Covid Alert Level system, all local authority areas in England are classed as being in Local Alert Level Tier 1 (medium risk) Tier 2 (high risk) or Tier 3 (very high risk).
Chartered Institute of Housing 2020: Housing Minister's speech
Today’s speech from the Housing Minister at the Chartered Institute’s Housing 2020 Festival
Homelessness and evictions ban
Nearly 15,000 vulnerable people, including rough sleepers and the homeless, were housed in emergency accommodation at the start of this pandemic.
And we are building on these achievements through funding longer-term accommodation – 3,300 homes this year alone – along with tailored support so as few people as possible return to life on the streets.
Last month, we also announced additional protections for renters with a further stay on all housing possession proceedings in court.
That means that no action to progress new or existing claims for possession can be progressed for several weeks.
Thanks to new legislation we brought forward in August, landlords are also required to give 6 months’ notice to evict any tenant (private or social) – up from the 3 months required by the original provisions in the Coronavirus Act – except in the most serious of cases.
We also recognise that there are some occasions in which it is right that landlords should be able to start progressing cases quicker.