Disappointingly the government has extended the ban on possession proceedings, the working day before the stay was to be lifted.
A further 4 weeks’ grace has been provided, with possession proceedings now being suspended until 20 September. Furthermore, eviction notices will need to give 6 months’ notice from now until the end of March 2021. Originally section 21 notices needed to provide tenants with 2 months notice, and section 8 notices between 2 weeks and 2 months. In March 2020 the rules changed to provide tenants with 3 months notice. The government has now doubled the notice period, stipulating that 6 months notice must be provided in a bid to support tenants over the winter.
The Housing Secretary has also confirmed that once the ban is lifted the most serious cases of anti-social behaviour, other crimes, and unpaid rent for over a year would be heard first. It is unclear at present what the position will be in relation to proceedings on the basis of a section 21 notice, which are meant to be an accelerated procedure.
At the time of writing, the government has yet to release any statutory instrument in relation to these changes, provide any guidance or update the prescribed forms of notice. Practice Direction 55C, which had been implemented for possession proceedings which would be live within the transitionary period between the end of August 2020 and March 2021, appears to be defunct – at least for the next 4 weeks.
A number of landlords are likely to be feeling the strain following these last minute changes – there are currently no plans to extend the mortgage holidays which are available until October 2020 and many are going to miss out on the reduced rates for stamp duty land tax. Landlords could be faced with rent arrears, damage to property, unhappy neighbours, house sales falling through and the need to spend money on rent themselves and storage costs.
These changes are frustratingly last minute. The government appear to be lagging with their guidance and updates which suggest these changes were decided at the eleventh hour. We consider a blanket ban is inappropriate and that there are more suitable ways to proceed which offer protection to both tenants and landlords. Let’s hope the government spend the next 4 weeks giving this area some proper consideration.