Landlords welcome clarity on possession cases

The NRLA says that Ministers have made important concessions about how repossession cases in the rental market will be handled from 20th September.

It follows extensive lobbying by the National Residential Landlords Association after the Government U-turned on its plan for such cases to be heard again from 23rd August.

Regulations published last Friday and and which came into force last Saturday (29th) will mean landlords will only need to give tenants who have committed anti-social behaviour four weeks’ notice of their intention to repossess a property.

Those who have committed acts of domestic violence will only need to be given two weeks’ notice.

In cases of tenant rent arrears, landlords will now only be required to give four weeks’ notice where a tenant has built six months of arrears.

This will ensure action can start to be taken now against tenants whose arrears had been built up before the COVID lockdown.

Last week the Government had said the courts would only prioritise cases where tenants were in a year or more’s worth of arrears.

Whilst the NRLA is welcoming today’s announcements, it is warning that it will be mean nothing without a cast iron guarantee that the courts will begin to hear cases on 20th September.

It is further disappointed that the six-month notice period will remain in cases where landlords need to regain possession of a property in order to live in it.

This will continue to penalise those, such as service men and women in the military, renting their homes out whilst working away.

NRLA highlights that the announcement also fails to provide the financial package of hardship loans needed to cover COVID-related rent arrears, which are vital to sustaining tenancies.

Ben Beadle, Chief Executive of the National Residential Landlords Association said:

“Today’s announcement provides welcome clarity about how possession cases will be handled. However, it will mean nothing without a complete guarantee that the courts will hear cases from 20th September.

“It is disappointing that the Government has so far failed to heed the warnings of the NRLA and others that a financial package is needed to pay-off rent arrears built due to COVID. In the end this is the best way to sustain tenancies.

“We will continue to campaign hard for this important measure.”

 

The government has published new forms for seeking possession of secure tenancies and also forms for landlords and/or tenants to propose action relating to tenancy agreements.

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5 Comments

  1. jeremy1960

    Clarity? As clear as mud and a minefield that polly and her pals will ensure is promoted and exploited as much as possible. A case yet again of the conservative government being in power but not in control.

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  2. Ian Narbeth

    I have some questions. What percentage of eviction cases brought by landlords are because the tenant is accused of domestic violence? There may be cases where the woman in a household wants to get an abusive man out but are those cases brought by landlords?

    As for anti-social behaviour cases, Jenrick must know that it takes 18 months on average to evict someone for ASB. The accused has to have his day in court and the victims are the ones who have to come forward and give evidence against the very person who is threatening them and their family. So I doubt that reducing the notice period to 4 weeks will have a significant effect on evictions for ASB.

    This is a political stunt to give a sop to landlords. In fact if an anti-social tenant is paying the rent on time, I suspect some landlords will take the view that it is better to keep that tenant than start an eviction case whereby the tenant may stop paying rent and then, after a successful eviction, the next tenant might stop paying the rent.

    Using Section 21 is by far the simplest and most effective way to evict tenants for anti-social behaviour. Abolish that and you protect the thug and the bully.

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  3. landadvice28

    This is still academic as you STILL CANNOT download a form N5b to send the case to court.

    The “PAGE CANNOT BE FOUND ” on GOV.UK

    What are they up to?

    Dave Absalom

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  4. Woodentop

    Covid-19 is an excuse, yes there are some genuine related cases but this has been going on for years, if not a decade. Once a tenant is kicked out it falls on the government to house them. They haven’t any!!!!!!!!!!!!!!!! Hotels and B&B’s in my area are stuffed to the gills with tenants, many the local councils have kicked out and they constant plead us to take them into PRS as its far cheaper for them and we inherit all the hassle.  
     
    Not until social housing expands (not racketeering and high-jacking new developers/planning approval, another cost costing scandal) will the situation be resolved, even after Covid-19.
     
    The Homeless Act made the responsibility on Governemnt and Councils. Instead of doing what they needed to do, they abuse PRS as a get out option.

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    1. Will2

      Councils are full of short term thinking.  They abuse and attack the PRS and then want us to help. Fat chance.  They need the accommodation but constantly attack the PRS and the abolalition of S21, is and, will continue to cause landlords to exit the PRS further reducing rental property. The problem they have is they don’t understand any form of negotiation and encouragement as they have spent their lives in bully tactic mode to get what they want. The councils incite contempt of court in telling tenants with a 14 day court order to play the game and wait for a warrant of execution and bailiffs, adding to  landlord’s costs; costing hundreds of pounds just to put off dealing with the inevitable a few weeks later ( and despite contrary to Government guideance). Fools.

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