News

A complete ban on residential home evictions – Covid-19

Following the making of the Coronavirus Act 2020 on 25^th March 2020, the Courts have themselves now acted to effectively ban all residential possession proceedings and evictions for 90 days from 27^th March 2020.

Whilst the Act itself did not contain provisions which directly either prevent new residential home possession proceedings being started, or suspend new residential home evictions taking place (as explained in our article How does Coronavirus Affect Possession Orders) as a result of “the Coronavirus pandemic and the need to ensure that the administration of justice, including the enforcement of orders, [are] carried out so as not to endanger public health”, Practice Direction 51Z “Stay of Possession Proceedings – Coronavirus” has been introduced, meaning that the Court service has suspended all ongoing housing possession action – neither cases currently in the system or any about to go in to it can progress to the stage where someone could be evicted.

The suspension of housing possessions action will initially last for 90 days, but this can be extended if needed.

Tenants are still liable for their rent and should pay this as usual.

Further, the Courts is looking to amend the rules to do with the ‘before Court proceedings’ phase (the Pre-Action protocol) to potentially require private landlords of residential property to seek to agree reasonable repayment plans where rent arrears may have arisen with tenants, instead of simply serving a notice and then issuing Court proceedings.

If you’re unsure what to do, contact us

With the situation changing constantly, many landlords are in need of sound legal advice in tenant-related matters. Our experienced Litigation department have a vast amount of experience working with landlords. If you need advice on the new measures, our experienced solicitors are on hand to help.