Even though the courts are holding possession hearings again, private landlords still face an uphill battle to evict tenants in arrears. This month, Anna Pettinger highlights the problems faced in areas under local lockdown…
I obtained a possession order at the beginning of March, but my rental property is in an area subject to a local lockdown. Can I still evict the tenant?
Although possession proceedings are being heard again, the courts are listing them on a priority basis.
Once a possession order has been made, there is still no guarantee you will be able to enforce it, even if it was granted pre-lockdown. Each case will turn on its own facts and there is no ‘one-rule-fits-all’ countrywide approach in relation to taking action (even less so than usual).
If your property is in an area under local lockdown, you will not be able to enforce the judgement until the restrictions are lifted and it is safe for households to mix. For example, in Bradford, the lockdown was implemented, lifted, then reimposed. This means tenants have been able to live there, even if a possession order was granted, since March and landlords have no idea when they might get their property back. This has created much uncertainty, as there are no proposals to change the situation anytime soon.
If you have a possession order and judgement for rent arrears, it is worth writing to the court and requesting that it is amended to cover any additional money owed since it was granted.
It is also worth noting there will most likely be a ban on evictions taking place in the weeks leading up to and immediately following Christmas. Realistically, this means there are now only about ten weeks in which tenants can be removed in areas not under local lockdown.
My advice would be to try and keep negotiations open with tenants, to see if they will vacate the property of their own accord or agree to a payment plan for the rent arrears.
Depending on the level of debt, you could offer to wipe out additional arrears, if they move out willingly. You could also suggest they contact the local council for help finding alternative accommodation or obtaining benefits.
Whilst in theory it is positive news that possession hearings are now taking place, for many, the serious financial and emotional impact of the ban on evictions is still very real.
If you would like more information about the emergency coronavirus legislation and its impact on private landlords, don’t hesitate to email me: anna.pettinger@tayloremmet.co.uk
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