The Covid pandemic has led to many changes in our lives and there has been huge amounts of insecurity for many of us. The Government introduced new legislation in March to deal with almost every aspect of life in the Corona Virus Act 2020. Under Schedule 29 of this Act there was a ban on landlords and estate agents from taking court action to evict tenants using section 8 or section 21 notices.
The initial ban was for three months until the end of June and then this was extended by a further 2 months and was due to end on August the 23rd with new cases being heard from August the 24th onwards. In an announcement on the 21st August 2020 the Housing Secretary, Robert Jenrick, extended the ban on eviction hearings for another 4 weeks, pushing back the earliest dates for eviction hearings to the 20th of September. This extension means that no legal evictions have been possible for 6 months.
A major part of the announcement highlighted that when cases do start to go through the courts, they will be heard on a priority basis with the worst cases being heard first. The Housing minister stated that “Case listing, including prioritisation, is a judicial function and we are working with the judiciary through the Master of the Rolls’ Working Group on possession to consider the categories of serious cases that would be prioritised when hearings resume. Further detail on those categories will be set out in due course and we will engage with key stakeholders on this”. The extension to the ban on evictions is, in part, to allow the Government time to set this legal guidance in place to allow court cases to be properly prioritised. The downside of this is that it could take months before an eviction case is heard before the courts.
What Actions Tenants Can Take When Facing An Eviction
Tenants facing eviction or who have rent arrears are being advised to talk to their landlords or letting agents to come to an amicable agreement to avoid eviction. This could be negotiating a reduced rent, agreeing a repayment plan if rent is in arrears, investigate what help and benefits are available from the Government, ensure you tell your landlord of any issues directly related to the Corona Virus such as illness or job loss. Tenants are advised to document any conversations they have with Landlords, letting Agents, local authorities or other bodies as this can all be used during any court hearings.
The new extension will help tenants facing eviction but it is important to remember that this extension is time limited and anything a tenant can do to avoid eviction will be time wisely invested.
