Possession proceedings restart as ban on evictions lifted

Landlord and tenant solicitors have been inundated with enquiries from worried tenants about property repossessions for failure to pay rent after the government lifted the moratorium on possession proceedings on residential properties on the 20 September 2020. Equally, landlords have questions about when they can get access to their property or get a court date for possession because many of them are under pressure because of the financial impact of Covid-19. The prime minister’s announcement on the 22 September 2020 about further Covid-19 restrictions, but currently falling short of a second lockdown, has also led landlords and tenants to question if the government will, at some point, reintroduce the moratorium on possession proceedings.

Landlord and tenant solicitors

For advice on possession proceedings or if you have questions about landlord and tenant law and your rights then call the landlord and tenant team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conferencing, Skype or by telephone appointment.

Lifting the ban on residential possession proceedings

The government’s decision to not extend the ban on landlords evicting residential tenants from after the 20 September has created a great deal of anxiety for tenants as well as anger. That is because the government has extended the ban on evictions for tenants from commercial premises for rent arrears until late 2020. That combined with all the news reports of a second wave of Covid-19, fears about job losses and redundancies, and the timing of Boris Johnson’s televised Covid-19 announcement on the 22 September, is a major concern for many private tenants worried about being able to pay their rent and about being evicted from their homes.

From a landlord‘s perspective the ban on possession proceedings for tenants had lasted six months and was simply not sustainable for the many small time landlords who rely on rental payments as their main source of income or pensioners who bought a buy to let to supplement their meagre private pensions. Many in that position felt they were being required to financially support tenants when they themselves were not entitled to government support and were potentially in a worse financial position than their tenant, especially those tenants who had been furloughed.

Getting possession proceedings re-started

if you are a tenant whose landlord started eviction proceedings before the 3 August 2020 then your landlord must now serve what is called a ‘reactivation notice’ to get the possession court proceedings re-started. If your landlord doesn’t take this step then the court won't action or relist the possession proceedings.

If you receive a reactivation notice then it is important to take legal advice straight away to look at your best options, including whether the proceedings can be further delayed. The good news, from a tenant’s perspective, is that there is a significant backlog of possession proceedings resulting in a shortage of available judges and the need to set up ‘Nightingale courts’ in non-court buildings to try and get through the backlog of outstanding court possession proceedings.

In addition to serving a re-activation notice if your landlord started possession proceedings before the 3 August your landlord is also required to enter into a ‘pre-action protocol’. That means landlords need to attempt to reach an agreement with their tenant before issuing a possession claim and in addition the landlord also now has to provide the court with information on what impact Covid-19 has had on their tenant.

These court backlogs and additional procedures could be used to assist tenants desperate to delay possession proceedings and the loss of their home. It is also a question of watch this space to see if the government reintroduces a ban on residential possession proceedings as the government had previously indicated that possessions should not be going ahead in areas of the country subject to local restrictions whereas the whole of England is now subject to additional Covid-19 restrictions in light of the prime minister’s announcement.

How can OTS Solicitors help?

If you are caught up in possession proceedings or are worried that possession proceedings may be started against you then it is best to take legal advice from our experienced and approachable landlord and tenant solicitors to look at your available options.

Landlord and tenant solicitors

For advice on possession proceedings or if you are unsure of your rights as either a landlord or tenant call the landlord and tenant team at OTS Solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conferencing, Skype or by telephone appointment.