Government extends eviction ban in last minute U-turn

Linda J. Dodson

The rental market has been thrown further into chaos as the Government quietly extended the eviction ban for another month just two days before it was due to expire.

The ban on repossessions, which began in March, has been extended until September 20 from its planned end date of August 23. It means that courts will not be able to hear any repossession cases until that point. 

The last minute U-turn follows pressure from legal bodies and renters’ groups to follow Wales and Scotland and extend protections for tenants. It has already been extended once, in June.

The charity Shelter has estimated that 227,000 renters have fallen into arrears since the start of the pandemic, equal to 3pc of all those in private rental accommodation. The District Councils Network, which represents some local authorities, has estimated that 500,000 people could be at risk of eviction.

But the six-month ban on evictions has left many landlords out of pocket, as tenants’ arrears build up, while they are also unable to carry out repossessions that had been planned before the pandemic, such as for anti-social behaviour.

Ben Beadle, of the National Residential Landlords Association, a trade body, said: “Landlords have been left powerless in exercising their legal right to deal with significant arrears unrelated to Covid-19, anti-social behaviour and extremely disruptive tenants who make life miserable for their neighbours and housemates. 

“Private landlords cannot be expected to foot the bill for government failure. There must now be a plan to support households to pay their bills and to compensate landlords fully for their lost income.”

It is hoped that the Government will use the time when Parliament is back from recess to address the situation facing both renters and landlords.

Polly Neate, of Shelter, said: “The Government must use this short window of time wisely to put proper safeguards in place for renters. People are still falling behind on their rent – 230,000 private tenants since March – leaving them vulnerable when the ban does end. And we all know even more economic storm clouds are gathering.” 

Earlier this month the Government had offered guidance on what could be brought to courts, out of fear that they would be flooded with new cases. 

The Government has also confirmed that emergency laws requiring landlords to give all tenants three months’ notice of eviction will remain in place for possession cases until September 30. 

Changes to civil procedures mean that landlords now have to include information about how their tenants have been affected by coronavirus.

If the conditions are not met, a judge can adjourn the claim. But judges are not able to use the information to inform their decision. They do not have discretion in Section 21 “no fault” eviction claims.

In Wales landlords must give six months’ notice and the Welsh government has pledged an £8m loan scheme for private tenants in rent arrears since the pandemic began. Scotland plans to extend the eviction ban until March 2021, pending expected approval by the Scottish Parliament.

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