England & Wales - Complete Ban on Evictions and Additional Protection For Renters

TENANTS - Government announces radical package of measures to protect renters and landlords affected by coronavirus.

The special law passed because of Coronavirus means that from 26 March 2020 landlords will have to give all renters three months’ notice if they intend to seek possession (i.e. serve notice that they want to end the tenancy) – this means the landlord can’t apply to start the court process until after this period. This extended buffer period will apply in law until 30 September 2020 and both the endpoint, and the three-month notice period can be extended if needed.

This protection covers most tenants in the private and social rented sectors in England and Wales, and all grounds of evictions. This includes possession of tenancies in the Rent Act 1977, the Housing Act 1985, the Housing Act 1996 and the Housing Act 1988. After three months, if the tenant has not moved, a landlord needs to apply to the court in order to proceed.

SUSPENSION OF COURT PROCEEDINGS

Following extensive consultation on the impact of COVID-19, from 27 March 2020, the court service will suspend all ongoing housing possession action – this means that neither cases currently in or any about to go in the system can progress to the stage where someone could be evicted.

This suspension of housing possessions action will apply to those in both England and Wales and will initially last for 90 days but can be extended if needed. This measure will cover all private and social renters, as well as those with mortgages and those with licenses covered by the Protection from Eviction Act 1977.

PRESCRIBED FORMS

As a result of the change in law, the UK Government has changed Form 6A Notice seeking possession of a property let on an Assured Shorthold Tenancy to reflect the change in the law which came into force on 26 March 2020. The Form 6A should be used by landlords in England up to 30 September 2020.

Key Points

Emergency legislation to suspend new evictions from social or private rented accommodation while this national emergency is taking place.

No new possession proceedings through applications to the court to start during the crisis.

Landlords will also be protected as 3-month mortgage payment holiday is extended to Buy to Let mortgages.

More about the changes.

The government has announced a radical package of measures to protect renters and landlords affected by coronavirus. As a result, no renter in either social or private accommodation will be forced out of their home during this difficult time.

Emergency legislation will be taken forward as an urgent priority so that landlords will not be able to start proceedings to evict tenants for at least a 3 month period. As a result of these measures, no renters in private or social accommodation needs to be concerned about the threat of eviction.

Recognising the additional pressures the virus may put on landlords, we have confirmed that the 3 month mortgage payment holiday announced yesterday will be extended to landlords whose tenants are experiencing financial difficulties due to coronavirus. This will alleviate the pressure on landlords, who will be concerned about meeting mortgage payments themselves, and will mean no unnecessary pressure is put on their tenants as a result.

At the end of this period, landlords and tenants will be expected to work together to establish an affordable repayment plan, taking into account tenants’ individual circumstances.

To support this announcement the government has worked with the Master of the Rolls to widen the ‘pre-action protocol’ on possession proceedings, to include private renters and to strengthen its remit. This will support the necessary engagement between landlords and tenants to resolve disputes and landlords will have to reach out to tenants to understand the financial position they are in.

The government will also issue guidance which asks landlords to show compassion and to allow tenants who are affected by this to remain in their homes wherever possible. The National Housing Federation and Local Government Association have welcomed the new support for social renters and made clear that no one should be evicted because of the coronavirus.

This important step on buy to let mortgages ensures parity of support, further to the announcement yesterday that the government made for private mortgage holders.

We are also announcing that those who have benefited from a government backed Help to Buy equity loan will be offered interest payment holidays if they are struggling to pay due to coronavirus.  

Housing Secretary Robert Jenrick MP said:

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.

Ben Beadle, Chief Executive of the National Residential Landlords association said: 

'Landlord groups welcomes government support. We recognise the exceptional circumstances and we will work collaboratively with government to ensure these measures protect both landlords and tenants.'

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