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Further to our article on 25 June 2020 in which we confirmed that the eviction moratorium was due to come to an end on 23 August, many landlords will now be aware that in an 11th hour U-turn this ban has been extended for a further 4 weeks until 20 September. Under legislation the Government can extend this again up to 30 September.
Legislation relating to the new temporary notice period in England was introduced on 29 August 2020 and will remain in place until 31 March 2021. Under the new rules, landlords will now be required to provide tenants with at least six months’ notice prior to seeking possession through the courts in most cases, including section 21 evictions and rent arrears under six months.
Landlords have been left powerless in exercising their legal right to deal with significant arrears unrelated to Covid-19, anti-social behaviour and extremely disruptive tenants who make life difficult for their neighbours, but under the legislation landlords affected by these kinds of issues will be able to seek assistance to obtain possession as a priority.
In addition, new court rules have been agreed, which will come into force on 20 September 2020 meaning landlords will need to set out in their claim any relevant information about a tenant’s circumstances, including information on the effect of the COVID-19 pandemic. Where this information is not provided, judges will have the ability to adjourn proceedings.
Complying with the rules on serving notice on tenants is becoming more complex than ever and we would suggest you seek legal advice on your position.
We are currently providing advice to clients on their rights for adjourned possession claims, notice that have been served and their rights on evicting tenants under the new rules. If you require further information or advice, please contact Jill Lawton on 01689887855 or by email jill.lawton@cwj.co.uk