Protection from eviction

Residential Private Rented Tenancies Protection From Eviction During Covid19 outbreak.

From the 26th March 2020 The Coronavirus Act came into force and has introduced measures designed to protect tenants from eviction during the outbreak.

  • Landlords are required to give 3 months’ notice of their intention to evict a tenant.
  • Landlords are expected to offer their tenants who can prove they are in difficulty due to Coronavirus related issues up to 3 months rent payment holiday as appropriate to help them through these challenging times. This must be an agreement between the landlord and tenant, a tenant cannot just decide to not pay rent.  Note, however that the rent is still owed and will have to be made up at a later date.
  • Courts will not be dealing with applications for eviction proceedings for the next 3 months.
  • When possession proceedings start again in the Courts landlords will be expected to demonstrate that they have complied with the above.

Landlords who rely on the rental income to pay a mortgage on the property are expected to approach their lender for a similar 3 month repayment holiday to cover the period for which they are not receiving rent.

These are unprecedented times which need understanding and compromise from all and it is hoped that any issues between landlords and tenants can be reasonably resolved.

All landlords are reminded that in order to legally evict a tenant they must have received a possession order from the Court.  Any attempt to remove a tenant from a property without the necessary possession order would be illegal and could have severe consequences.

Full details can be found www.gov.uk/guidance/government-support-available-for-landlords-and-renters-reflecting-the-current-coronavirus-covid-19-outbreak

NOTE The above restriction on evictions has now been extended to at least the 23rd August 2020

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