Landlord Action receives first court adjournment due to Coronavirus

by Property118.com News Team

15:14 PM, 20th March 2020
About 9 months ago

Landlord Action receives first court adjournment due to Coronavirus

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Landlord Action receives first court adjournment due to Coronavirus

Landlord Action has received its first court adjournment from Blackpool County Court for a Section 8 eviction, after the government announced this week it is to ban evictions and introduce three-month mortgage payment holidays for landlords whose tenants are struggling to pay rent due to coronavirus.

A statement from the county court says all new eviction proceedings will now be adjourned until June.

Action taken by Blackpool County Court is likely to be followed by other county courts handling Section 8 evictions, despite the fact that the government has yet to introduce its emergency legislation.

Paul Shamplina, founder of Landlord Action says: “There will be many adjournments, and this was the first that came through yesterday from Blackpool County Court on a section 8 case.

“We are still awaiting the government’s decision as to when possession claims have to be stopped at court for a three-month period. But it wouldn’t surprise me if the courts soon shut down for a period of time.  We are in unknown territory. Our advice line at Landlord Action has been extremely busy advising concerned landlords.

“If landlords are experiencing adjournments, they need to provide the court order to their lender so that they can ask or their mortgage payments to be suspended.”

The full text of the Blackpool County Court statement:

UPON IT BEING RECORDED that:

(i) There is a public health emergency caused by the Covid 19 pandemic and that it is likely to have economic consequences on the continued occupation of residential dwellings by those who have not or cannot meet the charges associated with occupation;

(ii) That the declared intention of the Government is to pass emergency legislation to prevent evictions of those who rent residential property during the pandemic;

(iii) That the Government has invited lenders to support borrowers by way of mortgage holidays’ in respect of mortgages secured on residential properties;

(iv) That enforcement of any possession orders is unlikely to be in the interests of justice at this stage WITHOUT A HEARING IT IS ORDERED that:

  1. The hearing of possession proceedings listed for 1st April 2020 is vacated.
  2. The proceedings will be re-listed on the first open date after 19th June 2020, unless by no later than 4pm on 12th June 2020, the court makes a further order.
  3. The court having made this Order without a hearing, the parties’ attention is drawn to the right to apply to have it set aside or varied.

Any such application must be made formally by application notice (Form N244, fee payable) within 7 days of the date of service of this Order.

  1. Any application made pursuant to paragraph 3 above will be listed for hearing by telephone as urgent business not earlier than the third day and not later than the seventh day after the application is received by the court.

Contact Landlord Action


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Comments

Mark Alexander

19:26 PM, 20th March 2020
About 9 months ago

I have also had a S8 hearing suspended. It was scheduled for midday on Monday 23rd March and has nothing whatsoever to do with Covid-19.

This is extremely annoying!

reader

21:34 PM, 20th March 2020
About 9 months ago

There may well have been a discretion not to issue a possession order but the point of importance is that this is S8 application based on grounds that may well have happened months ago. There should be a distinction between historic grounds compared where a landlord desires possession for other reasons or where payment has suddenly become a problem.

Tim Rogers

9:27 AM, 21st March 2020
About 9 months ago

I may have misread something, but I thought that all of these measures were only to be used if the cause of the eviction process was the COVID-19.

I'm somewhat disheartened that it seems courts and the like are misinterpreting this. Could we be dealing with left wing bias taking the opportunity to pursue a private agenda by incorrectly applying these proposed changes in advance of the situation being clarified?

Jaye

11:03 AM, 21st March 2020
About 9 months ago

I had mine suspended too. Total shambles!!?

DanielLatto

11:23 AM, 21st March 2020
About 9 months ago

Is anyone ot worried about this ...

"“If landlords are experiencing adjournments, they need to provide the court order to their lender so that they can ask or their mortgage payments to be suspended.”

So to defer mortgage payments because tenants now think its 'rent free', we need a court order ?

Strange how thats not what Boris said.

Monty Bodkin

22:07 PM, 21st March 2020
About 9 months ago

Reply to the comment left by DanielLatto at 21/03/2020 - 11:23Saw that as well. I'm not worried Daniel, it is just poor information.


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