EVICTION BAN EXTENDED
The government has once again extended the ban on tenant evictions, which was previously due to come to end on the 21st February 2021, until at least 31st March 2021.
Whilst the ban on evictions has been extended, it is important to note that this does not prevent a landlord from issuing possession proceedings, subject to compliance with the new notice periods as set out in The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020
Unlike the eviction ban that ran between March and September 2020, under the current ban court possession hearings can still take place and orders be made landlords are required to give the correct Notice period before commencing a claim for possession, as follows:
- 6 months for a Section 21 Notice served after the 29 August 2020.
- Where at least 6 months of rent is unpaid, a minimum 4-week notice period will be required. If less than 6 months of rent is unpaid, then the notice period is 6 months.
For notices in relation to anti-social behaviour, domestic abuse, rioting and false statement, the required notice periods have reverted back to the pre-Coronavirus Act 2020 lengths. This means that in some cases proceedings for anti-social behaviour can be brought shortly after a notice has been served. Notice periods on these grounds can vary, depending on the type of tenancy and ground used, between 2 weeks and 1 month.
The courts continue prioritise the most serious cases (anti-social behaviour, domestic abuse, rioting and false statement and substantial rent arrears).
Private landlords should ensure they take steps (issue proceedings and obtain an Order for Possession) to be prepared when the country exits lockdown and the above eviction ban is lifted.
If you are unsure as to your position and/or compliance with the above Regulations, please feel free to contact a member of the Dispute Resolution department here at Askews Legal LLP. Coventry based solicitors but acting nationally.
