Legal action against Government’s lockdown evictions ban

by Property118.com News Team

9:01 AM, 16th November 2020
About A week ago

Legal action against Government’s lockdown evictions ban

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Legal action against Government’s lockdown evictions ban

It’s been 10 months since the Government first had to react to the global pandemic, so the Lord Chancellor issuing a letter on 21 October 2020, rather than following usual legal procedures, to deal with the actual execution of possession orders is unacceptable.

David Smith, partner at JMW Solicitors, is representing clients who have been left with no choice but to ask the courts to review the actions of the Government to try and get back their properties from tenants who have huge arrears of rent.

David says: “Such an important decision cannot simply be made by writing a letter on a whim. Many cases of rent arrears were in place before Covid-19 hit and landlords must be able to tackle the most serious cases. This letter from the Lord Chancellor does not constitute a legal framework and has breached the landlords’ civil and human rights as well as usurping the power or Parliament. This must be corrected, and quickly.”

The proposed claim for judicial review was received by the Government on 6 November 2020 and a response is due this week.


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Comments

Dr Rosalind Beck

9:52 AM, 16th November 2020
About A week ago

Excellent. This is what we need. I look forward to a positive outcome and would welcome hearing more about it as the case progresses.

Gromit

10:28 AM, 16th November 2020
About A week ago

The actions of the Government just further demonstrates the total contempt they have for private Landlords.
The Government response will go like this "The Government appreciates the very valuable contribution that private Landlords are making to the housing market BUT ..........". Makes me want vomit whenever I get such a response and brace myself the the usual kick in the gut following the "BUT".
Good on David Smith taking on this challenge, you got my full support.

moneymanager

10:30 AM, 16th November 2020
About A week ago

Although this is a much needed step the issue holds another perspective, non rent paying tenants are liable for the Council Tax, our problem isn't non paying tenants, it's no frigging tenants, both the professional and senior student (mostly ME) markets are stone dead, Council Tax relief please.

David Price

10:49 AM, 16th November 2020
About A week ago

Let us hope that the court system allows this review to take place before the last landlord is forced off the somewhat uneven playing field.

Rbinscotland

13:00 PM, 16th November 2020
About A week ago

About time. tenants not paying rent and knowing it............
Landlord cannot get basic information to assist in some cases. One tenant refused to honor ( what seems to be a gentleman's agreement when on tenants side and a legal requirement from landlords) the tenant stopped UC47 arrears payments too.

silversurfer2017

14:45 PM, 16th November 2020
About A week ago

This is the kind of action that could and should have been initiated by the NRLA.
It should be no surprise that I have recently cancelled my direct debit as I will not be renewing my membership.

Carol

17:46 PM, 16th November 2020
About A week ago

Brexit and the pandemic has caused us so much hardship. I haven't slept properly in months and the situation is getting worse, especially in HMO's. 2 people in a 6 bed HMO, even if paying rent is unsustainable. Hardly anyone taking rooms anymore. Can't rent, can't sell as cannot assure vacant occupancy even in 6 month's time, cannot pay bills and mortgages as not enough money coming in. Who has enough back up funds to account for over 50% loss of rent over a 10 month period? Completely wrecked an exemplary credit rating. Taking a mortgage holiday means paying a higher rate for any remortgage. This is unprecedented and to top it all, Coventry Council introduced additional licencing DURING the first lock down, with all the additional costs that that involves. We are not being greedy. We will not survive and if this continues will be amoung the homeless along with our remaining tenants. How does crippling landlords help tenants?
The government is short sighted and encourages tenants not to pay rent.

Surely there is a case for Landlords to be able to manage their business in a fair way. How are our human rights protected?

David Price

18:23 PM, 16th November 2020
About A week ago

Reply to the comment left by Carol at 16/11/2020 - 17:46Sadly in government circles the human rights of landlords are subordinate to those of tenants.

Carol

18:42 PM, 16th November 2020
About A week ago

Reply to the comment left by David Price at 16/11/2020 - 18:23
What other business is penalized in this way? Tesco's could take you to court for stealing a £1 loaf of bread, yet landlords have to endure £1000's of losses all approved of by the government.

If I don't pay for property maintenance or safety certificates for a tenant not paying rent then I am fined. Where is the justice in that?

Whiteskifreak Surrey

18:57 PM, 16th November 2020
About A week ago

Reply to the comment left by Carol at 16/11/2020 - 18:42
No justice for landlords. ZERO. The normal justice principles do not work for landlords. Neither Human Rights or any other rights. Before brexit we could have some chances in ECJ. Not anymore.
Boris the landlord friend - ha ha ha ha ha
The Conservatives the Landlords' party - ha ha ha ha ha
I am ashamed I voted them
Selling as soon as possible seems to be the only option left.

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