As largescale redundancies hit the headlines, emergency legislation protecting tenants from possession proceedings has been extended again. This month, Anna Pettinger discusses the latest changes and what they mean for landlords…
My tenant has been made redundant due to the current pandemic and is no longer paying rent. As a result, I can’t afford the mortgage and need to sell my rental property. Can I evict him?
We are seeing an increasing number of tenants who are unable to pay their rent after being seriously affected by Covid-19.
Emergency legislation has been introduced in the last six months banning evictions and lengthening eviction notice periods. Unfortunately, on August 21, the housing secretary, Robert Jenrick, extended this ban to September 20, giving tenants a further four weeks security and landlords more uncertainty.
At the same time, Mr Jenrick announced notice periods were being increased from three to six months on both Section 21 and Section 8 forms. This came into effect on August 29. Whilst it is understandable that tenants should be afforded some protection if they find themselves without a job due to the pandemic, this extension does not take into consideration the difficulties many landlords face.
My colleagues and I are being instructed by a high number of landlords who are struggling to pay the mortgage on their rental properties and carry out maintenance or the legally required safety checks, because their tenant refuses to provide access.
Our advice to you remains the same: Attempt to maintain an amicable and conciliatory relationship with your tenant and try to negotiate payment plans that ensure you both obtain the best outcome possible in the current circumstances.
I would suggest now is not the time to adopt an aggressive stance, as the law is in your tenant’s favour. It may be tempting to threaten to change the locks on your property or something equally divisive, but you simply cannot do so and this type of behaviour is likely to work against you.
The government and housing charities are collaborating closely to ensure tenants receive the benefits to which they are entitled, in order to reduce any rent arrears. In practise, however, landlords are rarely seeing the benefit.
Yet again, more questions have been raised by the recent legislation changes and we will have to wait to see if your predicament – and that of many landlords – is addressed in the coming weeks.
When court eviction hearings do commence, it is likely cases that involve antisocial behaviour, criminal activity, domestic violence and significant rent arrears (incurred before March’s lockdown) will be prioritised.
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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