Law Society comment on government protection of tenants

The Ministry of Housing, Communities and Local Government has announced further measures to protect renters.

Law Society of England and Wales president Simon Davis said: “Possession hearings restart on 21 September, meaning that landlords are able to commence hearings to evict tenants. However, in areas where a local lockdown is implemented, enforcement of any possession orders will not be carried out.

“Additionally, the government has announced that there will be a ‘truce’ period on enforcements over Christmas. This will not apply to the more egregious cases, including domestic abuse and anti-social behaviour.

“These changes accompany the government’s announcement that notices seeking possession that are served on or after 29 August must give six months’ notice. This applies to most grounds for eviction, including Section 21 evictions, but exclude the more serious grounds, such as domestic abuse, anti-social behaviour and arrears of more than six months.

“Whilst we consider it important to ensure tenants can stay safe and in their homes during the pandemic, legal services and advice must be available to all tenants.

“Tenants are still required to pay their rent and many are therefore accruing significant rent arrears, despite the looming end to the furlough scheme and with employment prospects continuing to dwindle.

“The government also needs to resolve the legal advice deserts currently preventing tenants in some areas from receiving legal advice and understanding the services available to them.”