Renters affected by Coronavirus will continue to be supported over autumn and winter through comprehensive measures confirmed yesterday (10 September 2020) by Housing Secretary, Robert Jenrick.
The Government has changed the law to increase notice periods to six months meaning renters now served notice can stay in their homes over winter, with time to find alternative support or accommodation.
Exceptions to the new law
The only exceptions to this are the most egregious cases, including where tenants have demonstrated anti-social behaviour or committed fraud, and the landlord rightly would like to re-let their property to another tenant.
The Housing Secretary has also confirmed that with Coronavirus still posing a risk, if an area is in a local lockdown that includes a restriction on gathering in homes, evictions will not be enforced by bailiffs.
Support for renters
For those renters who require additional support, there is an existing £180m of Government funding for Discretionary Housing Payments made available this year, an increase of £40m from last year and which is for councils to distribute to support renters with housing costs.
We will keep these measures under constant review and our decisions will continue to be guided by the latest public health advice. Support with housing costs may also be available for those on low incomes or who are out of work eligible for Universal Credit.
Landlords thanked for their forbearance
No landlord, including those who only rent out a single property, has had access to the courts since March, including to regain possession in cases where the tenant has broken the law. So it is right that landlords are able to access justice, alongside measure to protect the vulnerable.
The Government would like to thank landlords for their forbearance during this difficult time.
Possession hearings
From 21st September courts will start to hear possession hearings again. When cases are heard again these will be subject to new court processes and procedures which the Judiciary have developed. These include:
- The prioritisation of cases, such as those involving anti-social behaviour and other crimes, as well as extreme rent arrears where landlords would otherwise face unmanageable debts.
- No cases from before 3rd August 2020 will immediately proceed to hearing, but will have to be ‘re-activated’ by the landlord and then subject to a new review hearing, at least four weeks before the substantive hearing.
- Landlords will also need to provide the courts and Judges with information on how tenants have been affected by the pandemic. Where this information is not provided, judges will be able to adjourn proceedings until the information is provided.
A ‘winter truce’
There will also be a ‘winter truce’ on the enforcement of evictions, with no evictions permitted in England and Wales in the run up to and over Christmas except in the most serious circumstances, such as cases involving anti-social behaviour or domestic abuse.
This will ensure vulnerable tenants are not forced from their homes at a time when public and local authorities may be dealing with the usual level of increased demand for services during this time. To achieve this, guidance will be issued to bailiffs that they should not enforce possession orders in the weeks of Christmas.
An unprecedented measure
Housing Secretary Rt Hon Robert Jenrick MP said:
“We have protected renters during the pandemic by banning evictions for six months – the longest eviction ban in the UK. To further support renters we have increased notice periods to six months, an unprecedented measure to help keep people in their homes over the winter months.
“It’s right that we strike a balance between protecting vulnerable renters and ensuring landlords whose tenants have behaved in illegal or anti-social ways have access to justice. Our legislation means such cases will be subject to shorter notice periods and then prioritised through the judiciary’s new court processes.”
87% of tenants have continued to pay full rent
The vast majority of landlords have shown understanding and leadership, taking action to support tenants despite facing hardship themselves.
According to independent research, 87% of tenants have continued to pay full rent since the start of the pandemic, with a further 8% agreeing reduced fees with their landlords.
The Government is committed to striking the right balance in the relationship between landlords and tenants and new guidance will be published before the stay on possession proceedings ends to help both understand their rights under the court system and the financial support available.
News shared by the Department for Housing, Communities and Local Government, in their own words. Ed
