4 week eviction ban extension and 6 month minimum notice period

4 week eviction ban extension and 6 month minimum notice period

15:50 PM, 21st August 2020, About 4 years ago 30

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Housing Secretary, Robert Jenrick, has bowed to pressure from all sides and extended the eviction ban in England by 4 weeks to the 20th September and increased the minimum notice period for renters to 6 months.

Jenrick, said“I know this year has been challenging and all of us are still living with the effects of COVID-19. That is why today I am announcing a further 4 week ban on evictions, meaning no renters will have been evicted for six months,” says Jenrick.

“I am also increasing protections for renters – six month notice periods must be given to tenants, supporting renters over winter.

“However, it is right that the most egregious cases, for example those involving anti-social behaviour or domestic abuse perpetrators, begin to be heard in court again; and so when courts reopen, landlords will once again be able to progress these priority cases.”

 Policy and Campaigns Manager for ARLA Propertymark, Timothy Douglas, said:

“Now that the ban on evictions has been extended, the government must use this time to introduce further guidance and prepare the sector. It is important to take steps back towards normality so that both landlords and tenants have access to the justice system, while putting measures in place to offer further support to tenants who have built up COVID-related arrears, and this four-week extension will give the government the time to introduce such measures.

“Additionally, given the backlog of cases already facing courts, it’s key that the government introduces sufficient guidance during this period to enable eviction proceedings to begin again smoothly and fairly when the ban is lifted.”

Shelter’s chief executive, Polly Neate, said: “It is right for the government not to lift the ban when it risks exposing people to eviction and the threat of homelessness with no means of defence.

“The government must use this short window of time wisely to put proper safeguards in place for renters.”

Law Society president Simon Davis said: “Today, the Ministry of Housing, Communities & Local Government (MHCLG) announced that it would be extending the stay on evictions for a further four weeks, until 20 September. However, tenants are still required to pay their rent and landlords are still able to serve a notice of eviction, with a new six-month notice period.”*

“The government first brought in these measures on 26 March 2020, for an initial period of three months. The stay was then extended on 5 June until 24 August and has now been extended again so vulnerable tenants can get the help they need, and courts can continue to make the necessary arrangements.

“The government and the courts have passed new court rules and provided extra protections to vulnerable tenants and those who have been significantly impacted by the pandemic.

“However, more needs to be done, including resolving the legal aid deserts currently preventing tenants in some areas from receiving legal advice and making wider legislative changes to prevent a spike in homelessness.”


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Comments

moneymanager

15:53 PM, 21st August 2020, About 4 years ago

I wonder if the evcition ban will extend to repossessed landlords?

This is actually theft by government dictat.

Paul Essex

16:38 PM, 21st August 2020, About 4 years ago

Moving forward is there a way of providing property such as a short lease that side steps all of the legal red tape. I have looked at the government website and it doesn't seem to say that it has to be an AST?

John Mac

16:52 PM, 21st August 2020, About 4 years ago

Reply to the comment left by Paul Essex at 21/08/2020 - 16:38
In a Word "No"

Lee Bailey

17:52 PM, 21st August 2020, About 4 years ago

I have no doubt that some landlords will now be watching that 'Lickspittle' Robert Edward Jenrick, very closely indeed.

Mike T

17:52 PM, 21st August 2020, About 4 years ago

I served a section 21/form 6A on the 13th July 2020 giving 16 weeks notice to be effective 5 November 2020. How does this news impact on my situation ? Do I have to start from scratch again by giving 6 months notice and issuing a new 21/6A ? Thanks for any guidance,

LeahB

18:16 PM, 21st August 2020, About 4 years ago

Reply to the comment left by Mike T at 21/08/2020 - 17:52
Hi Mike,
I can’t help but I’m in a similar situation. Posted a Form 6a a matter of days ago giving 3 months notice (minimum at the time of preparing). I imagine the notice send will have to be upheld as it was served prior to changes being made. Hopefully someone will be able to clarify!

Syscouk

20:04 PM, 21st August 2020, About 4 years ago

Last minute u-turn and Robert Jenrick can smile and laugh because it would not affect him to the slightest bit nor does he care about the landlords who haven't been receiving rent for months or those who had an eviction that was planned before the covid 19 crisis and they now have to wait a year because tenants deliberately stopped paying or are using the cornoavirus as an excuse hence building up thousands of pounds in arrears. What a joke! Completely ill thought policies from this pathetic government. All section 8 fault basis cases should have been allowed to continue to eviction, after all everything is back to normality more or less.

Judith Wordsworth

23:52 PM, 21st August 2020, About 4 years ago

Also confused. Tenants on a statutory periodic tenancy as from 29th January 2020, so runs 29th-28th of the month. Served s21 on 13th July with expiry 28th October as decided to sell. Tenants have also signed an Occupiers Consent document for possession on or before 31st October 2020.
Have a buyer, so what happens now?

Seething Landlord

12:20 PM, 22nd August 2020, About 4 years ago

Reply to the comment left by Judith Wordsworth at 21/08/2020 - 23:52
None of the rules prevent a tenancy being ended by mutual agreement so If your tenants stick to their undertaking to leave on or before 31st October you don't have a problem.
If they renege on their agreement you will have to take whatever steps are available to you to obtain possession based on the legislation in force at that time. You will inevitably face a long delay if this happens unless you find some other way of persuading the tenants to leave.

James

15:00 PM, 22nd August 2020, About 4 years ago

Am I to assume that any existing section 21 notice is no longer valid and that a new notice period of 6 months is now mandatory,apart anti social tenants and those badly in arrears?

Any opinions would be much appreciated.

Kind regards,

James.

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