What is the current situation with evictions?

What is the current situation with evictions?

11:21 AM, 27th January 2021, About 5 months ago 4

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I am a small landlord. I had a difficult tenant last spring and I thought we had sorted it all out. She’s been paying on time since then and has now gone on to a periodic tenancy as I did not renew her tenancy agreement.

She’s now stopped paying again, and I would like to evict her unless there is a really good reason why she can’t pay. I am confused with all the legislation there has been, but is it correct that I can serve her a Section 21 notice and submit it to the court immediately, so it can be heard as soon as possible?

If so, is there any idea when is it likely to be heard?

JA



Comments

by Neil Patterson

11:27 AM, 27th January 2021, About 5 months ago

Please see Breathing Space legislation and eviction ban:

Breathing Space: New rules will give tenants a ‘break’ from debt

A new scheme being brought in this spring will ban banks and landlords from chasing tenants for unpaid debts, by offering them a period of time to try to find a solution to their financial problems.

The Debt Respite Scheme (also known as Breathing Space) will come into force in May 4 and, while the scheme was created with larger lenders in mind, it will impact on landlords – particularly those seeking possession due to arrears.

There are two types of breathing space that a tenant may enter into:

a standard breathing space and
a mental health crisis breathing space.
For the most part, both types of breathing space operate in the same way. Creditors are not allowed to contact them directly to request payment of the debt, or take enforcement action to recover the debt (including by taking possession of a property).

However, the duration and frequency of the breathing spaces vary. A ‘standard’ arrangement will last for a maximum of 60 days, for a mental health crisis breathing space, the Breathing Space ends 30 days after the tenant’s treatment ends.

Who decides?

Local authorities providing debt advice and FCA approved debt advisors can grant Breathing Spaces to people in debt – they would be expected to speak to them the establish whether this is the best thing for them.

If they were in a position to pay off the money they owe through proper budgeting or selling things, then a Breathing Space may not be deemed the right solution for them.

If a Breathing Space is thought to be the most appropriate way forward, their name will be added to an electronic record and their creditors will be notified, although the decision can be challenged.

Impact on Section 8 possessions

For most landlords, this will usually occur where the tenant is in arrears. In these cases they cannot serve a Section 8 notice, apply for a warrant or money judgement or receive a possession order during the Breathing Space. They should also not contact the tenant to request payment of the debt during this time.

If there are judgements against former tenants for damage to the property or other unpaid bills, then this will also be covered if they enter a Beathing Space.

It is worth noting that secured debts aren’t covered by Breathing Space rules , so your mortgage lender would still expect to receive mortgage payments during the period your tenant was in their tenant is in a Breathing Space. However it is likely you would be able to come to an arrangement should you explain the situation.

Once notified that your tenant has entered into a breathing space you, or your agent, must not do any of the following until the breathing space has ended:

Contact the tenant directly in relation to the debt
Obtain a warrant in relation to the debt
Serve a notice seeking possession because of the debt
Sell on the debt to a third party
Charge interest on the debt over the period covered by the breathing space
Apply for a judgement in relation to the debt
Enforce an existing money judgement for the debt
Take control of the tenant’s belongings during the breathing space
Request third party deductions from Universal Credit or other benefits
Start bankruptcy proceedings
You may continue to contact your tenant about anything not related to the debt. For example, arranging repairs or inspections for electrical or gas safety checks. In addition to this, if the tenant has asked to talk to you about a debt solution or debt then you can answer these enquiries.

by DSR

14:00 PM, 27th January 2021, About 5 months ago

Get in before this Breathing Space crap...My advice get a S21 and S8 issued asap just so it is logged. It might be that alone makes her contact you to sort out a solution.
If not you wont be any worse off joining the back of the very long queue to get this into court.
Maybe she is open to a pay off to leave your property now so you can at least get her out? (worth a consideration if you do the maths)
Get solicitor advice or at min get them to issue the S8 &21's so they do it right straight off.
Good Luck

by moneymanager

14:33 PM, 27th January 2021, About 5 months ago

Reply to the comment left by Neil Patterson at 27/01/2021 - 11:27
The lawyers are going to have a field day:

COVID-19: Public Law Right to Compensation When Deprived of Property

https://www.sidley.com/en/insights/newsupdates/2020/03/covid19-public-law-right-to-compensation-when-deprived-of-property

As they say , the fat lasy hasn't yet sung.

by Chris @ Possession Friend

17:24 PM, 27th January 2021, About 5 months ago

@ JA - basically the Govt has prevented eviction until 21st of February ( at present, don't believe that won't be extended, yet again )
We have dealt with a number of Tenant issues during the Lockdown and we have Free Advice.


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