Update to repossession laws

 

The UK Government have now issued a further alteration to the notice period of the possession notice known as Section 21. The requirement is now that, from the 29th August 2020, any Section 21 notice requires six months as opposed to the standard two months.

This change will apply to all notices that were served on or after 29th August 2020 and this remains in place until 31st March 2021.

A brief outline of the government's advice:

"We have extended the provisions of the Coronavirus Act 2020, which means that from 29 August 2020, landlords will now be required to provide their tenants with six months’ notice apart from in the most serious cases. These serious cases include those in relation to anti-social behaviour (including rioting), domestic abuse, fraud and where a tenant has accrued rent arrears to the value of over six months’ rent. This will be in force from 29 August 2020 until at least 31 March 2021."

For full details, please refer to the Government website.

Gordon & Co will handle any Section 21 notices accordingly and in line with the current legislation and further updates will be issued to you in due course, should the legislation change further.

If you have any questions about this, please speak to your Property Manager who will be able to offer further advice and input.

 

Update to repossession laws - June 2020

Landlords seeking possession

The government have recently extended the moratorium on evictions to a total of 5 months until the 23 August 2020. This is an extension to the provisions relating to the service of notices seeking possession as amended by the Coronavirus Act 2020.

Further changes mean that until 30th September 2020, all notices requiring possession including section 21 and section 8 notices will have to be served by providing the tenant no less than 3 months’ notice. Prior to this only two-months’ notice needed to be served.

Proceeding with court action on possession cases during the Coronavirus (COVID-19) outbreak

All housing possession claims in the court system have been postponed, meaning that landlords will not be able to progress any claims where they have already issued a notice seeking possession.

If you have already issued a notice before 27th March 2020 to your tenants with your intention to seek possession of the property, you will not be able to take action through the courts for possession until the 23rd August 2020 at the earliest (subject to review).

The implication is that landlords should not expect to rely on these notices to enforce possession from tenants for the next three months.

The normal process following the correct service and expiry of possession notices would be to apply to the courts for a possession hearing. This process ordinarily takes on average 6-8 weeks, however it is likely to take much longer under the current circumstances especially when the expected court backlogs are considered.

If you are concerned about regaining possession of your property a tailored approach is likely to be the most effective and your local office teams are on hand to assist should you have any concerns.

If you have any questions about this, please speak to your Property Manager, but do be patient as we are particularly stretched at the moment.