The Government has announced this week a “truce” on enforcement action for private tenants facing eviction this Christmas in England and Wales, except in the “most serious circumstances”, such as anti-social behaviour or domestic abuse.
The Housing Secretary, Robert Jenrick, added that new support measures for private renters will mean that tenants, who are given notice to vacate their property by their landlord, can remain in their homes for up to six months, while they find alternative accommodation.
Mr Jenrick went on to state that bailiffs will not be able to enforce evictions in areas subject to local lockdowns which include restrictions on gathering in properties.
There are, however, some exceptions where the new rules will not apply, those being ‘in the most egregious cases’, including instances where renters have committed fraud, demonstrated anti-social behaviour or cases involving domestic abuse. In such instances, bailiffs will be able to enforce possession orders. Robert Jenrick commented:
“We have protected renters during the pandemic by banning evictions for six months – the longest eviction ban in the UK.
“To further support renters we have increased notice periods to six months, an unprecedented measure to help keep people in their homes over the winter months.
“It’s right that we strike a balance between protecting vulnerable renters and ensuring landlords whose tenants have behaved in illegal or anti-social ways have access to justice.
“Our legislation means such cases will be subject to shorter notice periods and then prioritised through the judiciary’s new court processes.”
Court proceedings for evictions to restart
The Government has also confirmed that Court proceedings for evictions will recommence from 21st September in England and Wales after being suspended for six months due to Covid-19. Cases involving anti-social behaviour and other crimes, as well as rent arrears, will be prioritised.
No cases prior to 3rd August will proceed immediately to a Court hearing but will have to be reactivated by the landlord and will then be subject to a review hearing.
Private landlords will also have to provide the Courts with information about how their tenants have been impacted by Covid-19. The Court proceedings may be adjourned until they have been provided with this information from the landlord.
Criticism
Whilst news of this announcement has been welcomed by many, some campaigners have commented that the rules do not help those served notice to vacate before August. Chief Executive of Shelter, Polly Neate, commented:
“It’s a step in the right direction to make sure that renters threatened with eviction will have more time to find a new home. And sparing families the misery of being evicted over Christmas is the right thing to do.
“But these measures won’t protect the renters served notice before August, who could still face automatic eviction after the eviction ban ends in 10 days.
“And for renters served notice after August, the measures simply delay the threat of homelessness.”
A recent survey undertaken by Shelter has shown that almost 250,000 private tenants have fallen behind in paying their rent since the Covid-19 outbreak began in the UK and 174,000 renters had been threatened with eviction.
How Nelsons can help
Paula Haverkamp is a Paralegal in our Dispute Resolution team, specialising in landlord and tenant matters and property disputes.
For further information in relation to the subjects discussed in this article, please contact Paula or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
