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TODAY'S OTHER NEWS

Tenant evictions will not be enforced in areas subject to local lockdowns

Many renters have welcomed the government's latest announcement around protecting tenants from eviction over the winter period, but tenants and landlords should continue to work together in what is a difficult time for everybody, according to Mary-Anne Bowring, group managing director at Ringley. 

The government has confirmed that court proceedings for evictions in England and Wales will restart on 21 September after being suspended for six months due to the Covid-19 pandemic. 

However, under fresh measures announced last Thursday, evictions will not be enforced by bailiffs if a local area is in lockdown that includes restrictions on gathering in residential properties. 

Bailiffs will also be told that they should not enforce possession orders over the festive period, other than in serious circumstances, such as cases involving domestic abuse or antisocial behaviour.

The government has not yet confirmed which dates the so-called ‘winter truce’ will cover for tenants in England and Wales.

The new measures are aimed at ensuring potentially vulnerable tenants are not forced out of their homes during the coronavirus pandemic. 

Bowring commented: “There’s no doubt that thousands of renters that are suffering financial difficulty will be happy to hear the news from the government around the winter period and will now feel more secure in their homes.

“With all of the uncertainty going on at the moment, tenants deserve to be protected by the government from evictions that could be through no fault of their own, and could well be down to financial hardship brought on by being furloughed or losing their job altogether.

“However, it should be noted as recent research by the National Residential Landlords Association pointed out that the majority of landlords are trying to work with their tenants to resolve any issues such as rent arrears.

“Tenants and landlords should be working together in what is a difficult time for everybody, and should not use the eviction ban as an excuse to mistreat the property they live in or withhold rent if they are not in a genuinely financially difficult situation.

“Some renters may need more financial assistance from the government but cancelling rents or getting the government to pay would be hugely damaging.”

  • Mark Wilson

    I questioned this months ago - how will anyone be evicted if when the bailiff calls the occupier says they feel unwell with a cough? Guidance notes from Generation Rent on the subject to help tenants to follow?

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    There is a real danger that this is not going to end well.

     
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    This article shouldn't have the word "renters" in it as renters pay rent and don't need to fear eviction. Rent dodgers however should remain fearful of eviction as it will eventually happen along with ccj debts accruing 8% statutory interest and trashed credit ratings. Far better to lobby Government for loans to honour their legal and moral obligations than simply seek to delay justice and comeuppance which will eventually happen.

     
  • David Lester

    Fully support helping those affected by Coronavirus, however there are some who are abusing the situation, at great cost to Landlords. The Government does not recognise the PRS as a Business, in fact they treat it as a Charity, something they can just medal with, if they want to delay evictions, then they should pay the rent arrears to the Landlords. Is the underlining recognition by the Government that they would not be able to house the homeless?

  • James B

    The think tank is working hard to come up with new ideas to block evictions at the moment it seems .. something new most days

  • Paul Barrett

    @robertbrown

    Unfortunately despite your assertions it is very much the case that renters won't in most cases EVER get their comeuppance.

    Even BEFORE CV19 rent defaulting tenants were costing LL at least £9 billion in losses per year.

    Not much of that has ever been recovered via CCJ.

    It remains a fact that Civil Recovery especially from tenants is very difficult and usually not worth the bother.

    Tenants know all this which is why they know they can rent default with relative impunity exacerbated by recent Govt policies preventing repossessions.

    It remains a fact that because of this few tenants would even bother with a loan when they know they can invariably get away with substantial rent defaulting.
    That is the sad reality of the situation.

    It would be very interesting to see how many tenants in Scotland and Wales bother taking the loans to pay all their rent arrears.

    I suggest not many.

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    Paul

    You may well be right,but that is because most landlords don't bother to pursue rent dodgers as they should. Andrew said a few days ago that doing so actually protects other landlords and I agree. It's our duty to send a strong message out to those who deliberately defraud us whilst being sympathetic to those genuine cases who seek to minimise their debts and our potential loss by agreeing to move out of our properties as soon as they know they will be unable to continue to meet their contractual obligations.

     
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    Freedom for Tooting !

    as for Robert, you keep on sending out your robust messages...

     
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    Seb

    Thanks for your support. I shall do so but I am a bit short of time. Counting £250k pa rental income is so time consuming! You clearly have much more free time than I have - wonder why?

     
  • John Cart

    Financial hardship for furloughed tenants............what planet is this woman on?? Certainly here in London being on 80% salary with no commuting costs leaves people with the same net income or perhaps even a surplus.........so no excuses not to pay the rent.

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    80% capped at a maximum of £2,500... which is how much after deductions ?

    Now consider the rents/mortgages & council tax in London - I don't know what surplus you are talking about ?

     
  • Paul Barrett

    @robertbrown

    Yo are of course correct.
    But I cite myself as an example of not pursuing any further.

    I am owed over £50000 in defaulted rent.

    One is a Ryanair pilot
    One is former restaurant owner with the above pilot.
    One is a Polish criminal and fraudster.
    One is a DSS waster
    One was a daughter of a close associate
    It simply isn't worth my bother wasting money pursuing these circumstances.

    Of course when S21 is abolished LL will have automatic CCJ when S8 is used.

    Whether LL bother pursuing recovery remains to be seen.
    Personally I doubt it.
    I couldn't even recover when the rent defaulter was 35 m away.

    It just isn't worth it.

    My message is DON'T rely on previous LL.
    They just want to get shot of wrongun tenants.

    Mostly this is achieved by another LL taking on the wrongun.
    The existing LL will lie just to get rid of their wrongun.
    Nothing personal just business.
    Up to LL to do their DD.

    Civil Recovery is mostly a waste of money that I attempted once but no more.
    Just not prepared to lose more money.



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    Paul sec 8 is expensive and a great deal of trouble, money claim online is around £60, depending on how much is claimed , and dead easy, I spent 30 yrs in the garage business, if someone did not pay they got a CCJ on princible , non payers what ever the business must not be allowed to get away with it.

     
  • Paul Barrett

    Well when S21 is abolished LL will only have the S8 process whatever the cost is.

    It will mean of course every rent defaulting tenant will have a CCJ as this is part of the S8 process for mandatory repossession.
    Of course this presupposes the S8 process remains about the same as it is.
    However I suggest that Govt will make the S8 process far harder for LL to use in cases of rent defaulting where S8 gives mandatory repossession.
    Many tenants will just pay down any rent arrears leaving only one month of arrears.
    This then forces the LL to start the expensive S8 process again.
    No wonder that LL use S21!!


    But certainly I think their is a case for applying for a CCJ when a tenant is one month in arrears.
    In fact I will be advising any future tenants of mine that should they default on rent I will apply for a CCJ which providing they satisfy in a month plus my costs won't be recorded on the Registry Trust.

    It is pointless trying for a CCJ after rent defaulting tenants have vacated.

    Just wait until furloughing ends.
    Rent defaulting will go through the roof.

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