What landlords and tenants need to know about the change in eviction rules from 1st June!
At the start of the pandemic in March last year as many tenants began to suffer a drastic deterioration in their financial circumstances, the government announced a ban on evictions. Minimum notice periods for renters where eviction was not involved increased to six months.
Hearings re-started last September but after 1st June, landlords can give four months’ notice (returning to two months’ from 1st October) and have eviction enforced by bailiffs.
What happens at the moment?
There are two main ways for landlords to evict tenants both of which usually require two months’ notice and confirmation correct procedures have been followed.
Section 21 or ‘no fault’ evictions are where the landlord doesn’t need to give a reason and may issue a notice coinciding with the end of a fixed term tenancy or during a tenancy with no fixed end date. Otherwise a section 8 notice for possession can be served if the tenant breaks the terms of the agreement for example by not paying rent, damaging the property or causing a nuisance when two weeks’ or even less notice may result - depending on the terms broken.
If a tenant stays beyond that date, the court can issue a possession order or warrant for possession enabling tenants to be evicted by a bailiff.
Bailiffs cannot evict if the tenant or anyone living with the tenant has coronavirus symptoms, tested positive for coronavirus or been told to self-isolate by the NHS.
Only bailiffs can carry out evictions. Landlords cannot harass tenants to leave or lock them out of a property.
Tenants can apply to their local council for help if homeless or set to become homeless within eight weeks.
Although mediation, which is currently subject to government consultation, is one way of reducing the present backlog by improving the chances of agreement without a full Court hearing, speedy and effective repossession will always be necessary.
Landlord and tenant representatives want the government to provide financial support to tenants in serious arrears due to Covid and more clarity on scrapping section 21 evictions after saying they would end but without setting a date.
For advice on how to avoid the most serious pitfalls with these and the many other rules and regulations which impact lettings and management, contact knowledgeable, experienced and qualified agents, Jeremy Leaf & Co.