The changes introduced by the Act have been unsettling for many landlords who were in the middle of an eviction process so they could move into their property, renovate their premises or sell it etc. Needless to say, it gave rise to a lot of uncertainty for tenants also. However, we hope that the uncertainty will not last for much longer for either landlords or tenants.
The government has announced that the suspension of housing evictions which was put in place during the COVID-19 outbreak will be extended to 23 August 2020. The government is also creating a working group that will consider arrangements to assist the courts and vulnerable tenants when the stay is eventually lifted.
The extension will also apply to homeowners and possession proceedings relating to commercial and leasehold properties. The changes are to apply in England and Wales.
Whilst there will no longer be a stay on possession proceedings or enforcement after 23 August, the provisions which require a residential landlord to give extended notice periods and which prevent a commercial landlord from forfeiting for non-payment of rent will continue until at least 30 September 2020 under the Act.
After the 23 August 2020 if you are a landlord seeking to relist your claim, you must comply with certain requirements such as issuing a notice to court. The notice to court must confirm your knowledge as to the effect of the COVID-19 pandemic on the tenant and their dependents. Where the claim is based on rent arrears the claimant must also provide an updated rent account for the previous two years. A similar requirement applies to claims to be issued following the suspension.
As can be seen from the above that the government is intending to ensure that the housing market can recover from the current crisis but at the same time it is seeking to ensure that the tenants are protected and there is access to justice for all.
So if you are a landlord or tenant of a residential or commercial property that is affected by the stay on evictions, contact either Reema Chugh at [email protected] in our Banbury office or James Hulme at [email protected] in our Oxford office who will be delighted to guide you.
