The Government has been accused of making it impossible for agents to navigate the uncertainty caused by the pandemic after unveiling yet another series of changes for the rental sector.
The Ministry of Housing yesterday afternoon confirmed that the law has been changed to increase notice periods to six months until at least the end of March 2021 to ensure tenants are still in their homes over Christmas and the winter.
The only exceptions are where landlords are seeking to evict tenants for anti-social behaviour or if they are more than six months in arrears, in which case the notice period will be four weeks.
A notice period of two weeks is required in cases of domestic abuse.
There will also be a ‘winter truce’ on the enforcement of evictions, with no evictions permitted in England and Wales in the run up to and over Christmas except in the most serious circumstances, such as cases involving anti-social behaviour or domestic abuse.
Housing Secretary Robert Jenrick also confirmed that evictions cannot be enforced by bailiffs in areas with a local lockdown.
Commenting on the change, Timothy Douglas, policy and campaigns Manager for ARLA Propertymark, said: “Over the past few weeks the Government has drip fed updates about evictions to the sector making it impossible for agents to respond and plan for the difficult months ahead.
“The UK Government is moving the goal posts, introducing measures that will be difficult for many to implement, including staying on top of rapidly changing local lockdowns.
“Whilst it looks like there will no further delays on the resumption of possession hearings, agents have profound concerns about investment in housing and this announcement offers no further support for the sector.
“The Government must now look at additional measures to provide direct finance to landlords and tenants to cover Covid-19 related arrears and help boost confidence in the sector as we head into the winter.”
It comes after a stay on eviction proceedings had already been announced in March until August 23 and was subsequently extended for another month.
The Ministry of Housing said that courts will start to hear possession hearings again from September 21.
These will prioritise cases involving anti-social behaviour and other crimes as well as extreme rent arrears where landlords would otherwise face unmanageable debts.
Landlords will also need to provide the courts and judges with information on how tenants have been affected by the pandemic.
Where this information is not provided, judges will be able to adjourn proceedings until the information is provided.
No cases from before August 3 will immediately proceed to hearing but will have to be ‘re-activated’ by the landlord and then subject to a new review hearing, at least four weeks before the substantive hearing.
Jenrick said: “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.”
Another housing minister with absolutely no idea how the real world works.
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This isn’t a support package and there will be more to come.
As furlough comes to an end and unemployment rises faster than Superman’s cape, ministers are kicking evictions into the long grass but this doesn’t address arrears built up during COVID which are a problem for both landlords and tenants. Wales and Scot have introduced a support package that take out arrears. England will follow when ministers get around to it, at the speed of a snail.
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Ridiculous
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In my personal experience when the relationship between tenant and landlord/agent breaks down then open communication is the 1st thing to go out of the window.
So how exactly is a landlord supposed to inform the court how the tenant has been affected by Covid19 ? In the real world you probably dont know unless the tenant has chosen to tell you.
Sounds like a polically correct tick box exercise in reality but with a sting in the tail if the tenant decides to attend court and gives a totally version of events to the judge.
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If the tenant has told you they have had covid, I hope you have upgraded your data protection measures as you will now be storing special category information. I’m not sure if there is even a ground (from article 9) for you to store this information prior to starting court proceedings.
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My fear is this is just a pre-cursor to a permanent change in the housing act and this is what we will be faced with on going ….
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I suspect you are not alone in your fear. The government is Conservative in name only. It seems Polly Neate has Jenrick by the short and curlies.
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Its not a truce its an attack on the PRS!
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What a load of tosh, do they not realise that the very people they say they want to help are the people that will be hurt the most. landlords are leaving the private rental sector in their droves as its no longer a profitable sector for a small time landlord, this in itself will reduce the number of available properties. Who then will house the families in need of a home. By the time any evictions get to court landlords will have been without rent for the best part of a year to 18 months and lets not for get the vast majority will have mortgages on the BTLs as well.
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Has anyone ever given a thought what would happened if we had a Labour Government in place?
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Would there be a difference?
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Yes they said they want 3 years protected tenancies.
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Give Bozo and Jenrick time.
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