News

Private rented properties – what are the new rules for eviction?

With the blanket ban on residential evictions having come to an end on 20^th September 2020, the court has confirmed the arrangements it will put in place to deal with the backlog of possession cases, the potential increase in demand for new cases and the reduced physical capacity of the courts due to social distancing – of which the courts have stated that “the challenge, and its scale, does not have a precedent.”

On 17^th September 2020, the Master of the Rolls (as Head of Civil Justice) Working Group on Possession Proceedings released the document entitled ‘Overall Arrangements for Possession Proceedings in England and Wales”, which sets out how the Court intends to cope. These include the inclusion of a Review Date (which will lengthen the usual timeframe) in most cases and the requirement for the provision of information regarding the effect on the tenant that the coronavirus pandemic has had.

An overall theme in respect of existing and new residential possession cases is that no claim should proceed “without careful efforts to reach compromise” between the landlord and tenant.

Landlords are now required to set out what knowledge the claimant has as to the effect of the pandemic on the defendant and dependants and the court will mark cases where the tenants have been affected by the pandemic.

The courts will give priority (and therefore hear them before others) certain cases including:

Cases with allegations of anti-social behaviour, including Ground 7A of Schedule 2 to the Housing Act 1988 and Section 84A of the Housing Act 1985
Cases with extreme alleged rent arrears accrued, that is, arrears equal to at least
12 months’ rent or (ii) 9 months’ rent where that amounts to more than 25% of a private landlord’s total annual income from any source
Cases involving alleged squatters, illegal occupiers or persons unknown
Cases involving an allegation of domestic violence where possession of the property is alleged to be important for particular reasons which are set out in the claim form (and with domestic violence agencies alerted)
Cases with allegations of fraud or deception
Cases with allegations of unlawful subletting
Cases with allegations of abandonment of the property, non-occupation or death of defendant
Cases concerning what was allocated by an authority as ‘temporary accommodation’ and is specifically needed by the authority for reallocation as ‘temporary accommodation’
Claims issued before when the ban on evictions commenced in March 2020

For existing claims brought before 3^rd August 2020, they will not be listed, relisted or referred to a Judge until a party files and serves a “Reactivation Notice” confirming that they wish the case to proceed.

In respect of claims where the Accelerated Possession Proceedings are not used, generally speaking, the court will not fix a date when it issues the claim form and the former standard period between issue and hearing of eight weeks does not apply. Such cases (whether stayed and new) will ordinarily proceed with a Review and then, where necessary, a Substantive Hearing.

A Review Date will usually be listed, not less than 21 days after issue/reactivation and whilst the landlord is not required to attend (but does need to keep themselves available), they will be expected to not less than 14 days before the date to file at court and serve on the defendant an electronic bundle (with a paper bundle allowed as an alternative). The Review Date is an opportunity for the tenant to obtain free of charge duty scheme advice, and for the landlord and tenant to reach agreement (with the assistance of the duty adviser).

On the Review Date, a 5-minute Review appointment, at the end of the day, will be listed by the court. This will be conducted by a judge on the documents and without attendance by the parties. Should the parties have reached an agreement, then the court will be able to consider, and hopefully, approve the agreement in the form of a Court Order. Should the claim not be resolved by agreement, the judge will consider the bundle provided by the landlord and the court file and is likely to list a Substantive Hearing at least 28 days later.

Where a Substantive Hearing is listed, all parties must attend. The hearing will be listed for 15 minutes, and unless the landlord and tenant resolve the case, the court will decide the claim or give further instructions.

Where claims are Accelerated Possession Claims (usually section 21 notice claims), an order for possession may be made without a hearing by a judge to whom the papers have been referred for this course to be considered. Accelerated Possession Claims issued before 3^rd August 2020 will require a Reactivation Notice, as with all other stayed claims and a Review Date may be listed (but is not compulsory) where the court orders it, or the parties agree.

Where the court has made or does make a possession order and an eviction is required, then both County Court Bailiffs and High Court Enforcement Officers must now give at least 14 days’ notice of the eviction date to the tenant. Further, no evictions will proceed:

Where local lockdown measures are in place to protect public health (in areas where the public health risks could be greater)
Other than in the most serious cases, over the Christmas period.

Therefore, whilst the court will start dealing with cases as of 21st September, the earliest date for evictions based on existing possession orders will be 6th October, the first Review Dates for existing cases (where a reactivation notice has been filed and served) and new claims will take place on 19th October and the first Substantive Hearings will begin to take place on 16th November.