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.
Further changes to Notice Periods and Evictions
Today Robert Jenrick, Housing Secretary made a further announcement that the six-month notice periods and bailiff enforced eviction bans will be extended to 31 May 2021 to protect residential and social tenants as the country moves through the roadmap. The Housing Secretary announced that the Government has - "taken unprecedented action to support both commercial and residential tenants throughout the pandemic – with a £280 billion economic package to keep businesses running and people in jobs and able to meet their outgoings, such as rent. These measures build on the government’s action to provide financial support as restrictions are lifted over the coming months – extending the furlough scheme, business rates holiday and the Universal Credit uplift."
Announcement from Robert Jenrick regarding Support for Renters and the Homeless
Communities Secretary Robert Jenrick has today announced extra support to house rough sleepers across all councils in England.
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Ban on bailiff enforced evictions extended
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Confirmation of court support for landlords and renters and launch of mediation pilot
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Backed by an additional £10 million in funding, all councils in England are being asked to redouble their efforts to help accommodate all those currently sleeping rough and ensure they are swiftly registered with a GP, where they are not already.
This will ensure they can be protected from the virus and contacted to receive vaccinations in line with the priority groups outlined by the Joint Committee on Vaccination and Immunisation.
Councils will also be asked to reach out again to those who have previously refused help, given rising infection rates and the colder winter months.
Renters will continue to be supported during the new national restrictions, with an extension to the ban on bailiff evictions for all but the most egregious cases for at least 6 weeks – until at least 21 February – with measures kept under review.
Changes to Notice Periods One Week on
Friday afternoon on the 4th September was a bit strange. Why? The two previous Fridays the Housing Secretary made announcements which were extremely important and had an impact on businesses across England.
It is difficult to understand why these pivotal announcements are made late Friday afternoon, one of which was the Friday before a bank holiday weekend. Would it make any difference if it were a Monday or a Wednesday? May be, may be not, however, it is important to understand that these changes require a certain element of “change management”. It is not a simple as swapping one document for another, there are quite critical points to consider.
1. Understanding the “Why” behind these changes - cynics, conspiracies, anti-landlord bodies, we have read about the aforementioned over and over again. However, we must look at things from a different perspective - public health and homelessness. We know what we have witnessed and experienced to date, therefore the Government are thinking “worse case scenario” and the possibility of a second-wave over the winter months. Where will that leave housing provision and homelessness? Many people understand that the Government does not want another overwhelming burden as a result of Covid-19, however, the Government have not factored into the equation the impact of these changes on landlords.