Impact of Covid-19 on Possession Proceedings and Tenancy Regulations

As possession cases resume following the Covid-19 stay, guidelines aim to protect tenants by extending notice periods and emphasizing compassion over serving Section 21 notices. The Coronavirus Act 2020 and recent legislations have altered notice periods for Assured and Assured Shorthold Tenancies, with exceptions for specific circumstances. Understanding these changes is crucial for landlords, tenants, and legal professionals involved in the rental market.

• Covid-19 Impact
• Tenancy Regulations
• Possession Proceedings
• Residential Tenants
• Coronavirus Act

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Uploaded on Mar 04, 2025 | 0 Views

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1. Covid Covid Possession Possession Proceedings Proceedings By Ben Reeve-Lewis Safer Renting

2. Possesion cases resumed on 21st September 2020 after a stay since 26th March 2020 due to Covid-19. The following guidelines apply to ASTs and Assured Tenancies. The government guidelines still state that they 'urge everyone to show compassion and excercise flexibility as far as possible' and only serve a Section 21 if THERE ARE NO OTHER ALTERNATIVES. i.e. possesion orders should be a last resort after attempted mediation with the tenant. Introduction

3. The Coronavirus Act 2020 (CVA 2020) was enacted in response to the spread of COVID- 19. The provisions within the CVA 2020 were intended to apply from the 26thMarch 2020 until the 21st September 2020. This period was extended to the 31stMarch 2021. With the aim of protecting residential tenants, notice periods in relation to possession proceedings for tenancies have been extended via the recent enactment of legislations. The Impact of COVID-19

4. Assured Tenancies and Assured Shorthold Tenancies Originally, the notice period was extended to three months (if served between 26thMarch 2020 and 28thAugust 2020) as per the CVA 2020 sch. 29 para 6. Pursuant to recent amended regulations, the notice period has been extended to 6 months. EXCEPTIONS (where a shorter notice period is imposed): When at least 6 months rent is unpaid at the time of the notice is served (4 weeks notice period) The grounds for eviction relates to the tenant s immigration status OR the possession is sought following the death of the former of tenant (3 months notice period) Housing Act 1988 Section 8 Notices

5. EXCEPTIONS continued: Cases concerning anti-social behaviour, domestic violence or where the tenancy was acquired as a result of fraudulent actions (2 weeks notice period) Cases concerning certain criminal convictions and breaches of injunctions (4 weeks to 1 month notice period). Housing Act 1988 Section 8 Notices

6. Assured Shorthold Tenancies The minimum notice period was originally extended to 3 months as per CVA 2020 sch. 29 para 7. Housing Act 1988 Section 21 Notices Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (SI 2020/914) Increased the notice period to 6 months. Extended the period to which possession periods must be commenced under s 21 (4D) to 10 months from which the notice was given.

7. Where the landlord has issued a Section 8 or Section 21 notice BEFORE 3rdAugust 2020, the landlord needs to submit a reactivation notice which notifies the court and the tenant that they still wish to continue the case. And sets out what the landlord knows about the tenant s circumstances as affected by C19 The reactivation notice must be served by 4pm on 29thJanuary 2021. Reactivation Notice

8. Due to the backlog of cases, the courts have already advised that the process will already take longer than the usual 8 weeks. .... Priority Cases To help with the flow, some cases have been deemed to have priority: Allegations of Anti-social Behaviour Extreme rent arrears, being either: I) equal to at least 12 months' rent, or Ii) 9 months' rent if it is at least 25% of landlord's income.

9. Cases involving alleged squatters, illegal occupiers or persons unknown Cases involving allegations of domestic violence where possession of the property is alleged to be important Cases with allegations of fraud or deception. Cases with allegations of unlawful subletting. abandonment of the property, non-occupation or death of defendant. Cases involving temporary accommodation and is specifically needed by the authority for reallocation as temporary accommodation . Priority Cases Continued

10. Thank you Thank you Possession Proceedings Proceedings Covid Covid Possession By Ben Reeve-Lewis Safer Renting