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25.03.2020
Kuljit Bhogal & Andy Lane from Cornerstone Barristers' Housing and Public Law Teams describe the changes proposed by the Government in order to reduce or eliminate possession claims and their enforcement during this time of crisis.
Robert Jenrick, the Secretary of State for Housing, Communities & Local Government, said on 18 March 2020:
"The government is clear – no renter who has lost income due to coronavirus will be forced out of their home, nor will any landlord face unmanageable debts.
These are extraordinary times and renters and landlords alike are of course worried about paying their rent and mortgage. Which is why we are urgently introducing emergency legislation to protect tenants in social and private accommodation from an eviction process being started.
These changes will protect all renters and private landlords ensuring everyone gets the support they need at this very difficult time."
On the 23 March 2020 amendments to the Coronavirus Bill were produced and included the legislative amendments required to bring the Secretary of State's aspiration into effect, and these can be seen at Schedule 29 of the Bill introduced into the House of Lords the following day for its 1st reading, after the 3rd reading in the Commons was concluded the day before.
In essence they 'simply' extend the required pre-action notice periods for certain notices, served from the day after the Act is passed until 30 September 2020, to 3 months:
- Rent Act protected tenancies (notice to quit);
- Rent Act statutory tenancies (notice of intention to commence proceedings);
- Notice seeking possession (secure and assured tenancies);
- Notice seeking possession (secure tenancies – absolute grounds - anti-social behaviour);
- Notice requiring possession (section 21 – assured shorthold tenancies);
- Notice of proceedings for possession (introductory tenancies);
- Notice of proceedings for possession (demoted tenancies);
- Section 107D notices (flexible tenancies).
We are awaiting the widening of the Pre-action Protocol for Possession Claims by Social Landlords to include the private rented sector, but the proposals as they presently stand:
The Housing Team at Cornerstone Barristers will be available for informal telephone conversations, and are well set-up to take on formal Instructions whether that be with regard to Advices or court hearings. Contact can be made on 020 7242 4986 / 0333 240 0591 or by e-mailing our clerks
News
Kuljit Bhogal to speak at a special Edition of #GoldenHour on Friday 5th March at 12pm04.03.2021
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