(Another) Update – Possession Restrictions
This Valentines day I was keeping my fingers crossed for a box of chocolates, a crate of beer or a season ticket for Tottenham Hotspur. It was not to be. Cupid’s arrow, in the form of Robert Jenrick, Secretary of State for Housing, delivered instead the news that the restrictions on gaining possession are to be further extended.
The announcement from MHCLG at 12.01am on the 14th February, advised that restrictions are now in place until the 31st March 2021. Presumably to tie in with the ending (or review) of Schedule 29 of the Coronavirus Act 2020. This Schedule imposes the requirement of six months notice using a Section 21 notice.
These restrictions mean that where a landlord has obtained a possession order through the Courts, the order can not be enforced by Bailiffs until the 31st March 2021. As the Bailiff needs to serve 14 days notice on the tenants, the first evictions will not take place until the middle of April.
The intention is not to create a situation for a tenant where they are homeless during the pandemic and the vast majority of landlords would accept this as being right and just.
However, there are a minority of people exploiting the good will of their landlords and Government. To address this landlords can still obtain possession in the most serious of cases. Including anti-social behaviour, domestic abuse and serious rent arrears.
The process of serving notice, obtaining and then enforcing possession orders is intricate and the best advice is to mediate a resolution with your tenant where you can. There are external schemes that can help you do this if contact is difficult.
Read all about it
Cupid’s press release can be seen using this link
If you are in need of any help or advice please do contact us.
Please note the date this article was published as the law may have changed since it was posted. You should always seek independent legal advice if you are intending to rely on any of the contents.All resources & news