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TODAY'S OTHER NEWS

Landlords must reveal if tenant they wish to evict has been affected by Covid-19

Buy-to-let landlords planning to evict tenants who have failed to pay rent when the existing evictions ban is scrapped on 23 August will face new restrictions. 

BTL landlords will be permitted to once again start court proceedings against tenants as soon as the eviction ban is lifted, but gaining possession of the property through the courts will not be the same as before the pandemic.

New measures introduced by the government last month mean that additional processes will be required as part of the process of gaining possession of a property via the courts. 

Landlords will need to submit any relevant information in their claim about how a tenant's circumstances have been affected by the coronavirus pandemic. Crucially, it is important to note that a judge will be able to suspend the proceedings if the information is not provided.

The new procedures will take effect after the end of the current evictions ban on 23 August.

Timothy Douglas, of ARLA Propertymark, commented: “It is vital that the government has a coordinated strategy that prioritises the most serious cases and informs the sector about the changes and what landlords and agents need to do.

“This is important because when the courts re-open there will be a backlog of cases and they will take longer to progress. As a result, it will be even more important that landlords and agents follow the new procedures in full.” 

Douglas added: “It is important that we take steps back to normality and both landlords and tenants have access to the justice system, particularly in cases where tenants behave anti-socially or have pre-pandemic rent arrears.”

  • icon

    "Landlords will need to submit any relevant information in their claim about how a tenant's circumstances have been affected by the coronavirus pandemic".

    What does this mean? Do I have to ask the tenant for the relevant information before I take them to court? Do I have to ask if they were ill for a few days? Do I have to prove that they have lost their job? What about if they refuse to co operate?

    EVERYONES circumstances has affected by coronavirus

    PossessionFriendUK PossessionFriend

    A landlord would have been in contact with the tenant during lockdown, especially if there were any rental payment defaults.
    Its this communication trail that i would use.
    If we were submitting a Possession claim following sec 21 ( which we will shortly be doing ) the Tenant is asked a simple question of what impact the virus has had on them ( as short and simple as that )
    Whatever the tenants response ( or lack of ) will be submitted to the court and the Tenant copied in.

     
  • girish mehta

    Another daft idea to harass landlords and save money
    Are tenants not capable to understand they they have to pay rent if you sign a tenancy agreement .
    They know if they have not paid the rent then they will be evicted. They should know what they need to keep their roof over their head
    Then why does it fall on landlords to tell them what they owe and that they are going to be evicted.
    Are they going to find a wind fall of money as soon as the notice lands on their doorstep
    If they had these funds then why wait for the evection.
    Penny pinching clueless politician on the roll to grab headlines in hunt for their next job to be noticed.

  • icon

    Will sending by recorded delivery a questionnaire together with email, text and hand delivery be sufficient for the courts? Bet your life in many situations defaulters will not want to reply. If an employer has confirmed the tenants occupation and salary it would be simple to request if they had been made redundant or on part time with top up from the state.

    I'll let you all work out the strategy to use but first make certain the one used will satisfy the courts.

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