Landlords Seeking Possession Must Submit a Reactivation Notice

EVICTIONS - From 23^rd August, evictions will restart with Civil Procedure Rules. It is unclear how these will work in practise will work in practice and provide any protection for renters struggling to pay rent due to COVID-19 says Generation Rent. 

Generation Rent highlights:

• The new rules will require landlords seeking possession of their property to submit a ‘reactivation notice’.
• In this notice, they must set out any relevant information about a tenant’s circumstances, including whether coronavirus has affected their ability to pay rent or if the tenant is vulnerable.
• Judges will be able to adjourn proceedings if the information is not provided.
• However, if the information is provided, judges will have no legal means to prevent Section 21 ‘no-fault’ evictions, or Section 8 evictions for rent arrears built up due to coronavirus, despite evidence that the tenant has been affected by the pandemic or is vulnerable.
• Courts will also be able to spread out hearing dates, to ensure that they are appropriately distanced. 

Generation Rent is concerned that these adjustments alone will not protect vulnerable renters from eviction. The questions they have asked the Government can be read here.

Image: Housing Secretary Robert Jenrick.

Alicia Kennedy comments: “In March, Housing Secretary Robert Jenrick pledged that “no renter who has lost income due to coronavirus will be forced out of their home.” However, these rules raise more questions than answers. They offer little comfort to renters across the country who are terrified about losing their home because they can’t pay their rent due to COVID-19. 

“The Civil Procedure Rules state that landlords must provide information on a tenant’s circumstances to avoid delays, but as long as information is provided, it appears evictions will go ahead. 

“These rules alone are worthless and will not help the vast majority of renters who are at risk of losing their home, as judges will not have the legal powers necessary to prevent Section 21 no-fault evictions or Section 8 evictions for rent arrears built up during the pandemic. 

Landlords however are claiming:

Responding to a series of parliamentary questions, Lord Greenhalgh, a Minister at the Ministry for Housing, Communities and Local Government has said that from the 24^th August “the courts will begin to process possession cases again”.

Image: Lord Greenhalgh, a Minister at the Ministry for Housing.

By this date it will have been five months since the ban on evictions was originally put in place. This was to provide more security for renters during the COVID-19 pandemic. However, the NRLA has recently reported that this ban has also caused more of a struggle to protect victims of domestic abuse.

The Minister argued that this would be “an important step towards ending the lockdown and will protect landlords’ important right to regain their property.” He reiterated, however, that work is ongoing to ensure “the most vulnerable tenants can get the help they need when possession cases resume.”

He also has confirmed that under plans to end Section 21 repossessions as part of the Renters’ Reform Bill, Ministers want to ensure that “landlords are able to swiftly and smoothly regain their property through the courts where they have a legitimate reason to do so.”

Ben Beadle, Chief Executive of the National Residential Landlords Association, said: “The Minister’s comments provide greater certainty for the rental market. We continue to work hard with landlords and tenants to sustain tenancies wherever possible. In the vast majority of cases, this is happening.

“It is vital however that swift action can be taken against those tenants committing anti-social behaviour or domestic violence.  We are calling also for priority to be given to cases where possession orders were granted prior to lockdown or where rent arrears have nothing to do with the COVID pandemic.”

David Cox, Chief Executive of ARLA Propertymark, has also commented on the announcement: “We’re very pleased to hear that from 24th August courts will be re-opening and can begin to process the backlog of possession cases. 

“We have previously expressed our concern to the Secretary of State for Justice that there could be as many as 62,000 ‘business as usual’ landlord possession claims to be processed across England and Wales so having clarity on when these can be handled is extremely encouraging for landlords and the sector.”

“Coronavirus has created a rent debt crisis, which is set to get worse as the furlough scheme is wound down. Renters who have been left out of Government support schemes have now been left in the dark.

“The Government must provide clarity on how renters affected by coronavirus will be protected from eviction and homelessness.”

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