What we know so far

Who should read this?

• All Executive Teams, Boards, Income, Housing Management and Tenancy Enforcement Teams

What has been announced?

• On 18^th March 2020, late in the afternoon, the UK Government announced a ‘complete ban on evictions and additional protections for renters’. See press release here: https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

What is the Government going to do next?

• Introduce emergency legislation to suspend new evictions for social or private rented accommodation while the national emergency takes place.
• Introduce guidance to ask landlords to show compassion and to allow tenants who are affected by the crisis to remain in their homes ‘wherever possible’.

What does this mean for Social Housing Providers?

• Indications are that no new ‘claims for possession’ will be issued by the Courts over the next 3 months (at least). But does this cover ALL possession claims? See below.
• There will be a new pre-action protocol to apply after the above ban which will expect landlords to engage with tenants more and reach out to tenants affected by the crisis.

What we don’t yet know

• Whether the emergency legislation will relate to ALL possession claims (including those for ASB) or just those relating to rent arrears.
• The precise date that the legislation will be effective from, albeit we expect this will be within days rather than weeks.
• What will happen to existing claims for possession for rent arrears already issued and listed for hearing? Will they be adjourned or will judges still be prepared to make possession orders but delay the execution of the orders for a time so that no one is evicted?
• What will happen to possession proceedings based on s.21 Housing Act 1988 (the so called ‘no fault evictions’?), anecdotally draft legislation from Labour which has been provided to Government with the hope it will be incorporated into the emergency legislation doesn’t prevent service of s.21 Notices or issuing of proceedings based on such notices.
• How long in any event, the Courts will remain open which may in any event lead to adjourned hearings and fewer evictions.

Next steps for you

• Income Teams – review your policies and practices regards rent arrears to highlight those cases which were about to ‘go legal’ and evaluating which of those cases involve tenants who may be working and who may be affected financially by the crisis and putting in mechanisms to try and help these tenants, including more assistance with benefit claims, rather than issuing possession claims.
• Income Teams – in relation to current cases which have been issued and which may have been listed for a hearing, evaluate which of those cases involve tenants who may be affected financially by the crisis and putting in mechanisms to try and help these tenants, including more assistance with benefit claims.
• Enforcement Teams – continue to serve Notices Seeking Possession on ASB grounds, continue to consider Injunction Applications for ASB.
• If you have any questions or wish to discuss specific cases please contact our Team.

What we will be doing

• Producing further practical guidance as soon as we know more information and the answers to the questions above.