Evictions during Covid-19 ban?

by Readers Question

15:21 PM, 26th August 2020
About 3 months ago

Evictions during Covid-19 ban?

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Evictions during Covid-19 ban?

Hi all, We have a problem tenant who has alcohol abuse issues, is behind in his rent and really needs help that we cannot offer to him (although I am trying to work with him through the local support structures for both housing need and alcohol abuse). In short, we really need to end the tenancy.

My question is, during the current eviction ban is there anything stopping me from serving him notice to leave? I think he has family and friends locally who would likely take him in if he were not able to find alternative accommodation.

My understanding is that if I ask him to leave, and he goes willingly then that is legal. If he refuses, I have no recourse to the courts and have to wait my turn for court proceedings after the ban is lifted.

In short, if I ask him to go, am I breaking the law?

Thanks

Andy


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Comments

The Forever Tenant

10:59 AM, 27th August 2020
About 3 months ago

As far as I understand it, you are not prevented from issuing either the Section 21 or Section 8 notices. They only thing that is not going on right now are the actual court cases.

As it stands, notice on a Section 21 is 3 months. Section 8 is dependant on grounds.

NewYorkie

21:19 PM, 28th August 2020
About 3 months ago

I have a tenant who is refusing to pay rent (currently £3000 arrears since February) and refusing to engage despite working and claiming SEIS. My agent caught up with him this morning and he first said he had Covid, which he doesn't, then said he has mental health problems and he has been advised he can't be evicted. He then said he doesn't have to pay because landlords don't have to pay their mortgages.

What do I do if he claims 'mental health problems'? Would a court require a medical diagnosis to support that or simply accept his word?

Neil Patterson

9:45 AM, 1st September 2020
About 3 months ago

The Best people to seek advice from are Paul Shamplina's Team at Landlord Action >> https://www.property118.com/evicting-tenants-landlord-action/


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