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.
New Guidance for Landlords and Tenants
This morning at 0.20 the Government announced new non-statutory for landlords and tenants in the private and social rented sectors. As the Courts re-open today this guidance may have been issued to clarify the position on certain key points relating to the landlord - tenant relationship:-
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Measures relating to notices seeking possession as amended by the Coronavirus Act 2020
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Health and safety obligations, repairs and inspections in the context of coronavirus (COVID-19)
This guidance is advisory and informs you about recent changes to the law. All guidance is subject to frequent updates and should be checked regularly for currency.
We urge all landlords and tenants to abide by the latest government guidance on COVID-19.
The guidance in this document applies to England only. Some of the measures referred to also apply in Wales. You can find guidance from the Welsh Government.
You can find guidance from the Scottish Government on these matters.
Urgent Information regarding Suspensions on Housing Evictions and Service of Notice
After today’s announcement at 3:46pm, the Housing Secretary Robert Jenrick announced that 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.
Key Government Guidance for the Letting Agents & Property Professionals
Over the last 3 months, Government has issued so much guidance to assist individuals, students, businesses and industry to correctly navigate Post-Lockdown changes. It is extremely important to understand that many aspects are mandatory, this means that they must be adhered to by law.
For example, wearing a mask or face covering is a legal requirement; the opening of nail bars and salons and beauty salons, tattoo parlours, indoor gyms and sports courts and facilities, indoor and outdoor swimming pools, is prohibited and therefore, currently illegal.
Student lettings have raised a lot of concern over the last 3 months and the impact on student accommodation and students has been quite drastic. The guidance gives an indication how to manage lets where belongings have been left behind by students, general guidance on contracts and accommodation.