The Bailiffs are Back!
The temporary ban on bailiff-led evictions in England has now come to an end. The measure was introduced in March 2020 in recognition of the hardship that many families would be feeling during the Coronavirus pandemic.
Bailiffs will give 2 weeks notice of an eviction date and they will not evict if anybody at the property has:
- Coronavirus symptoms,
- tested positive for Coronavirus,
- been told to self isolate by NHS.
In such circumstances, the eviction will be rescheduled and you will get another 2 weeks notice.
In 2020, it is estimated that residential evictions fell by approximately 74% due to the protections offered to tenants during the Coronavirus pandemic. However, the ban has not removed the desire from Landlords to reclaim their property; instead it has delayed their ability to do so. Therefore, is it predicted that the courts will now face an ‘eviction avalanche’ and it is still unclear how the legal system will cope with such backlog. The Joseph Rowntree Foundation have warned that there are “clear warning signs” of a spike in evictions and homelessness as the ban lifts.
The bailiff ban on bailiff-led evictions was always intended to be temporary, and many landlords have been waiting a long time for it to end. It is important that protection for vulnerable tenants is balanced with the landlord's ability to access justice. We are aware that County Court Bailiffs are in shortage and there has still been no indication as to whether there will be further investment into bailiff recruitment.
At NewBold Solicitors, we can offer advice to both Tenants and Landlords. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.
Jake Wesson - Graduate Solicitor - Property Litigation Team
Housing Enforcement Action Ban
The ban on enforcement action has now been extended in England until 31st May 2021, and in Wales until 30th May 2021. Understandably the Government(s) have had to make unprecedented decisions and difficult decisions in the last twelve months, however there are increasing concerns from both Housing specialists and Parliamentary committees regarding what will happen when these deadlines end, and how the Courts will cope with a barrage of eviction cases and the effect on Landlords and Tenants.
An estimated 20,000 cases are waiting in the wings to be dealt with, on top of the new cases. This is going to have a significant effect on Court resources, and we are aware that County Court Bailiffs are also in shortage. The Government has not indicated any extra resources towards recruitment of bailiff recruitment, and Landlords are feeling the pressure of trying to cope without their assistance.
The deadline for Landlords to apply for Mortgage Payment Holidays ended on 31st March 2021 and this coupled with the enforcement action deadlines, means a critical number of Tenants are likely to be evicted and made homeless from the middle of 2021, and for some time to come.
At Newbold we can offer advice to both Landlords and Tenants in these situations. We would recommend that these parties start to communicate openly with one another to see if such terms such as rent arrears (if there are any) can be negotiated and / or (for example) any allegations of anti social behaviour being resolved.
If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131.
Joanna McBride – Solicitor
More information on the services we can offer to Landlords and Tenants is available via the below links.
Landlord Services
Tenant Services
Free No Obligation advice is available on a number of our services, we can help you decide how best to deal with your case.
Further information on the matter can be found via the Property Reporter.
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It has been a difficult year for all of us and especially those working on the front line during the pandemic. We would like to offer our support where we can.
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We hope to be able to assist you soon.
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Are you confused about when you serve a notice seeking possession of your property and for how long? due to the ever changing legislation, we thought you may benefit from a brief explanation:
In England:
After 29 August 2020 you must now give at least 6 months notice on your tenants
In Wales:
If you served a notice after 24 July 2020 you must have given 6 months notice
The change in notice period will stay the same until 31 March 2021, although this situation is fluid and you should keep in touch with our blogs and follow us on face book for updates.
The stay on possessions being heard at Court was lifted on 20 September 2020. However you must serve a notice that you intend the Court to proceed with the possession before the Court will list it for a hearing. There is ever more onus on the Landlord to attempt to find a resolution before making their application for a possession order, so a pre-action letter is ever more important.
The lock down and corona virus restrictions have put a huge amount of stress on both Landlords and Tenants, originally it was 2 weeks for a Section 8 notice and 2 months for a Section 21, now it is 6 months. In Wales we have interest free loans available for tenants who may be unable to pay their rent, because at some stage in the future, Landlords who have mortgages will need to recoup the unpaid rent.
Confused? well the changes are fluid and no doubt will change again. If you are unfamiliar with the changes then you may suffer a financial loss. So if you have any questions then speak to our team who will be happy to guide you in the right direction.
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Under the Renters' Reform Act, the UK Government proposes to do away with the Section 21 'no fault' eviction process, a process that Landlords are most familiar with.
Shadow Housing Secretary Thangam Debbonaire believes in giving even greater rights to tenants.
The Renters Reform Act was announced in the Queens's speech on 19 December following the General Election, there was a consultation period July 19 to October 19.
The Government considers this to be a modernisation of the rental market, believing it to be a 'fairer deal for both Landlords and tenants'.
However, this is a thorny issue, how will Landlords feel with the abolition of the 2 month no fault eviction process? will it put Landlords off renting properties and will there be additional pressure on Social Housing and Local Authorities? How will the Courts deal with the hearings that may have to take place if the 'paper' Section 21 notice is abolished?
There will be an extension to the eviction grounds contained in the S8 notice, but surely the Homelessness Act will also have to change because a S21 notice is actually saying: 'I was evicted not because I was a bad tenant, but because my Landlord simply wanted their property back from me'. The Section 21 notice has positives for tenants as well as negatives. The new process will give more security to a tenant, but will it really resolve the lack of housing in the country?
We will keep a careful eye on the changes and we will write a blog for you with our interpretation of the reforms and how it can help both the Landlords and our Tenants. if you have any questions, then please give our team a ring on 01446789359
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Britain's Queen Elizabeth and Charles, the Prince of Wales are seen ahead the Queen's Speech during the State Opening of Parliament in London, Britain October 14, 2019. REUTERS/Toby Melville/Pool[/caption]