In March, the Government introduced the Coronavirus Bill which provided emergency legislation to protect tenants from being evicted by their landlords from their privately rented accommodation until 30 June 2020 as a result of the Coronavirus pandemic.
The Housing Secretary, Robert Jenrick, has announced this week that the ban on landlords evicting their tenants has been extended past the June deadline and now extends until 23 August 2020.
Kathryn Clare, Associate, answers your FAQs in this article.
Do Tenants still have to pay their rent?Tenants should continue to pay all rental payments and comply with the terms of their tenancy.
I am a Landlord and My Tenant has not paid their rent and / or is breaching the terms of their tenancy. What can I do?
As above, tenants should pay their rent as normal and comply with the terms of their tenancy as the Government has put in place support for people who are facing financial difficulties. If the tenant does not pay their rent or has breached the terms of their tenancy, a landlord can still issue an appropriate notice for possession, but the notice period must now be three months for either Section 21 or Section 8 notices.
My three month notice period has expired, can I still issue court proceedings to evict my tenant?
Again, a landlord cannot evict a tenant without a court order.However, a landlord can still issue a court application to start the process of eviction once the three month notice period has expired.
The benefit for landlords is that they can start the process now and obtain an order to evict a tenant who is not paying their rent or breaching their tenancy at the earliest date possible, rather than waiting and starting the process later in the year.
I am a landlord and have already started possession proceedings. Will they continue?As of 27 March 2020, all court proceedings for possession of residential property have been suspended for the next 90 days (now extended to 23 August 2020). At present, it is understood that they will then continue after the 90 day period (now extended to 23 August 2020).
I have an order for possession but the tenant has not moved out yet. Can I take steps to enforce this by applying for the court bailiff to attend and evict the tenant?
If the tenant does not give up possession of the property by the date specified in the court order, the landlord must apply for a court appointed enforcement agent to attend the property and evict the tenant.Possession orders are enforceable for up to 6 years of when the order was made. You can potentially enforce it after 6 years but you will require the courts permission.
Currently, the Government have also suspended all action to enforce possession orders for a period of 90 days (now extended to 23 August 2020). The information above is based on the current guidance provided by the Government and is subject to change at any time.
How SAS Daniels Can Help
We have a wealth of experience acting for landlords who would like to take back possession of their property. Our team of experts will provide you with clear advice from the outset, and keep you updated throughout the process. For more information about possession proceedings and our fixed fees, click here.
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