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Possession Claims and the ‘COVID-19’ statement

Litigation

Private landlords nationally, are once again carrying the financial burden of the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) Regulations 2020. With the nation in the grip of lockdown version 3.0, residential landlords are faced with further bad news that the ban on bailiffs, preventing them from serving eviction notices or warrants has been extended for at least six weeks until the end of 21 February.

With this in mind, it is important to note that landlords can still continue to serve notices and issue possession claims in the court. However, non-compliance with an important change to the procedure can result in possession claims being delayed even further and landlords can be left high and dry, even once the eviction ban is lifted. See below:-

When making a possession claim, landlords or lettings agents are required to set out any information they are aware of in relation to how their tenant, or any dependant of their tenant, has been affected by the COVID 19 pandemic. This could include information regarding issues with employment or benefit payments, disability issues or if tenants are ‘shielding’. This information can be provided in the form of a ‘COVID-19’ statement and must be filed at the same time the possession claim is filed at court. Where this information is not provided, judges have the authority to adjourn proceedings until such information is provided.

Furthermore, if this step is overlooked by landlords, a tenant who challenges a claim, or files a defence, will have the opportunity to inform the court of how they have been impacted by COVID 19. The tenant can mark their challenge ‘COVID 19’. So it is important that you or your lettings agent keep in constant touch with the tenant, to ensure that when your claim is filed at court, you are informing the court of the tenant’s circumstances. You should ensure that this information is provided to your legal representatives when preparing your claim.

The government expects to see some form of communication between landlords and tenants to resolve disputes without the need for court action but if this negotiation is unsuccessful, it is important to take legal advice as soon as possible.

Askews Legal LLP are a firm of solicitors based in Coventry. Our Dispute Resolution team are experienced in all aspects of landlord and tenant disputes, so please do not hesitate to make contact.