Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
In the last few years I have had several meetings with various Councils across the UK regarding their stance on tenants that are due to be evicted.
In almost all circumstances, the Council’s advice is that despite the granting of an order for possession and a possession date coming and going the tenant should remain in the property until they a physically evicted by a bailiff.
This advice seems to be based on directions given by Jan Luba QC in his guide to Housing Allocation and homelessness.
“Some Acts of Parliament expressly provide that individuals who are otherwise without rights may remain in possession. The classic example is the Rent Act 1977. Statutory tenants, whose contractual tenancies have ended, enjoy a personal right under the Rent Act 1977 not to be evicted without a court order and thus fall within this category. The code specifically refer to Rent Act statutory tenants because their personal right to remain is created by statute. A statutory tenant remains under the protection of the Rent Act 1977 and the Protection from Eviction Act 1977 not just until a possession order has been obtained against him or her, but until the point of actual eviction by court bailiffs.
Other Acts of Parliament provide that tenancies cannot be ended without landlords obtaining possession orders. This is the case for introductory, demoted, secure and assured tenants. Even when former tenants remain in occupation as trespassers, they are not “homeless” because a different form of enactment, the procedural rules of court, restricts them from being ousted other than by a bailiffs warrant. They do not lose the benefit of that enactment until the bailiffs actually turn them out”.
Happy to hear any thoughts on whether the above remains or if any other case law has emerged since.
The Sheriffs Office
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