Evictions to take months longer after Coronavirus crisis ends

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Legal expert warns landlords that the eviction process faces a perfect storm after the pandemic ends, and to prepaer now rather than wait until restrictions are lifted.

Landlords
who have a pressing need to evict tenants once the government’s Coronavirus
evictions restrictions have been removed should get ready now, a leading legal
expert has warned, and not wait.

Tim Frome, who is Legal Director of Landlord Action, says the evictions ban, the temporary shutting of the court system for landlords and the government’s promised changes to pre-action protocols will all create significant problems once the crisis is over.

Although landlords may be keen to help tenants who have struggled financially during the crisis or lost their jobs, there are many landlords who have problem tenants whose rent payments stopped before the crisis hit.

Once evictions can start again, landlords face extra delays to an already slow process. Those who are not prepared could face waiting for up to a year to get their properties back.

Seven months

“Even if the system worked perfectly and landlords stuck to best practice, it can take up to seven months to go from a tenant defaulting on their rent to the bailiffs arriving, assuming they refused to vacate,” he says.

Frome says all too often landlords do not serve notice as soon as a tenant has defaulted on their second month’s rent payment. Therefore, tenants are often four to five months behind on their rent by the time Landlord Action issues a claim at court.

“It then takes four to eight weeks to get a hearing date, then between one week to 28 days for possession depending on the case and the tenants’ circumstances,” says Frome. “It then can take another two months to get the bailiffs in if they refuse to vacate.”

The government’s promised changes to pre-action protocols will further elongate the process, as it will require tenants and landlords to spend longer trying to agree a payment plan and trying out other solutions before going to court.

“For these reasons, landlords must be ready before the Coronavirus restrictions are relaxed or ended,” says Frome.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Evictions to take months longer after Coronavirus crisis ends | LandlordZONE.

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Short lets industry launches property website for NHS staff

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Short-term
let landlords and property agents are being encouraged to offer NHS staff a
free place to stay during the pandemic.

A new industry initiative – nhshomes.co.uk – is hooking up medical staff with free accommodation so they can stay nearer hospitals during the COVID-19 outbreak.

The UK Short Term Accommodation Association (STAA) is co-ordinating the scheme, working with six partners: short term rental firm UnderTheDoormat, home sharing and villa rental firms onefinestay and Altido, and home swapping platform LoveHomeSwap.

All will all provide free accommodation in partnership
with their property-owners, while Laundryheap is delivering clean linen and
towels, with free toiletries courtesy of Homes & Villa by Marriott
International.

NHS Homes is already hosting staff who are working at
hospitals in London including the Royal London and Guy’s. The scheme is now
extending out of the capital with demand from Birmingham and
Manchester as well as Slough and Staines.

“Demand is outstripping supply,” says STAA CEO Merilee
Karr.

“We’ve had an overwhelming response and we need more
homes to help more people across the country. 

“We’re speaking to companies and property portfolio owners to bring on more rooms and properties and the additional services that will make stays for NHS workers comfortable. We want to get as many companies on board as possible to make this a truly industry-wide initiative.”

No management fee

The STAA has appealed to its members and any property
management company in the UK with a home
or even a block of flats available to get in touch; it can then prepare the
properties for NHS staff, with no management fee. 

Many NHS staff now need accommodation to protect
vulnerable people at home, including family members, or if they’ve relocated to
London, been evicted either by landlords or effectively asked to leave by
flatmates.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Short lets industry launches property website for NHS staff | LandlordZONE.

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Landlord’s charitable offer to NHS staff shared 8,000 times on Facebook

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Airbnb landlord Charlie Harington’s offer to house NHS workers in his empty flat has gone down well with healthcare workers and also prompted other landlords in his area to do the same. Would you?

A generous Belfast landlord has inspired others in Northern Ireland to hand over their Airbnb properties to NHS workers rent-free.

Charlie Harington’s two-bed
mid-terrace property in Donegall Road next to Belfast City Hospital
had been sitting empty since the Coronavirus epidemic took hold.

But his shout-out on his Facebook page earlier this week has received 8,000 shares so far after he posted: “If any NHS worker(s) need to use it as a base whilst they work insane hours to help fight Covid-19 then they can stay here completely free of charge.

“There’s not much we can physically do
so this is our way of helping.”

Harrington realised he was onto something and immediately set up the Facebook group – Connecting NI landlords to NHS workers – as a way to hook up NHS staff and other Airbnb hosts willing to help out.

And landlords quickly responded, with
one commenting: “We’ve been self-isolating so not been down to change beds
after last Airbnb people stayed 9th March.

“If any NHS staff possibly Downpatrick
area would be able to use it pm me.”

Another landlord offered: “I
have a ground floor flat free in Castlewellan if that would help any NHS
workers? Would suit someone working in Downpatrick hospital.”

The
father-of-three was shocked by the response and adds: “We were met with amazing support, interest and demand. I thought
it might be useful to doctors and nurses who wanted to sleep there or catch a
few hours’ sleep or put their feet up away from the hospital for an hour.”

Two intensive care nurses have now moved into his
property and he hopes health trusts will
co-ordinate a plan with landlords to use vacant properties so they can be used
by frontline staff.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Landlord’s charitable offer to NHS staff shared 8,000 times on Facebook | LandlordZONE.

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Coronavirus: landlord survey

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The RLA is surveying members on the impact of coronavirus. The short survey will take just five minutes to complete, with the findings used to inform our discussions with government on the response to the crisis. Since the survey went live on the RLA website today more than 500 of you have already taken part, […]

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Want to return to live in your rented-out property?

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Re-possession:

During the present
health crisis, with everyone on virtual lock-down, new lettings are
on hold, but when normality resumes, as it surely will, people will
want to let out their own homes on a temporary basis.

Whether for extended
travel or working away, there is a little known way of letting which
ensures landlords can reclaim possession of their properties safely
at the end of the term – known as ground 1. It applies where the
letting has been your main residence and you are returning to occupy
it yourself, or where it was not your main residence before but that
you intent to live there now.

There has been much
talk of a change in the law which would mean that the existing
shorthold regime would be replaced by something equating to an open
ended tenancy, but don’t worry, this won’t happen for at least a
couple of years and given the current crisis, perhaps even longer.

This article is
based on English law and is not a definitive statement or
interpretation of the law; rules change and every case is different –
only a court can decide. Other jurisdictions are similar but there
are important differences. Always seek expert advice before making or
not making decisions.

Ground 1 comes under section 8 of the Housing Act 1988 and appears in schedule 2

In order to apply this clause two things need to happen: (1) your tenancy agreement should include a clause referring to ground 1 and that this may be involved, and (2) the tenant, prior to the start of the tenancy, must be served a notice explaining ground 1 and stating that the letting is on the basis that ground one may be invoked. Of course you need to keep a copy and get proof that the tenant received it, ideally a signature.

Ground 1 (Section 8,
Schedule 2, Housing Act 1988) states:

Not later than
the beginning of the tenancy the landlord gave notice in writing to
the tenant that possession might be recovered on this ground or the
court is of the opinion that it is just and equitable to dispense
with the requirement of notice and (in either case):

(a) at some time
before the beginning of the tenancy, the landlord who is seeking
possession or, in the case of joint landlords seeking possession, at
least one of them occupied the dwelling-house as his only or
principal home; or

(b) the landlord
who is seeking possession or, in the case of joint landlords seeking
possession, at least one of them requires the dwelling-house as (his,
his spouse’s or his civil partner’s) only or principal home and
neither the landlord (or, in the case of joint landlords, any one of
them) nor any other person who, as landlord, derived title under the
landlord who gave the notice mentioned above acquired the reversion
on the tenancy for money or money’s worth.

Notice requiring
possession:

Ground 1 is a
mandatory ground, which means that providing the conditions have been
met in full the court must issue a possession order – it requires
the same notice period as a s21 notice – minimum of 2 months.

Ground 1 no Prior
Notification Notice

In this matter the
courts have some discretion, so in exceptional circumstances, where a
landlord lived in the property prior to the tenancy, and they can
show exceptional hardship on the landlord’s part, and better
circumstances for the tenant, the courts have been known to issue a
possession order without the Ground 1 Prior Notification.

Involking Ground
1

If Ground 1 needs to
be invoked, the landlord serves a section 8, ground 1 notice on the
tenant which gives the tenants a 2-month notice period. However, this
notice cannot expire within a fixed-term period. Housing Act 1988
s7(6)(a)

Given the long
notice period and court schedule waiting times, it is likely to be at
least 3 months before the tenant can be removed, even in a best case
scenario so returning landlords should plan for this.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Want to return to live in your rented-out property? | LandlordZONE.

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Lenders to give 3 month offer extension for home movers

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To help home movers impacted by Covid-19, mortgage providers will give customers who have exchanged contracts the option to extend their mortgage offer for up to three months to enable them to move at a later date.

Stephen Jones

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INVESTIGATION: Councils all over the UK stop or scale-down new and existing property licensing schemes

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Local authorities are de-prioritising the enforcement or introduction of select and HMO select licensing schemes as they focus their stretch resources on battling Coronavirus.

Selective licensing has been put on the back burner by many councils as they reorder priorities to deal with the Coronavirus pandemic.

Although the Local Government Association hasn’t issued
any guidance, councils around the country are making changes to inspections and
consultations.

The latest to announce a pause is Newcastle, which earlier this week confirmed it would be introducing its licensing schemes but has since changed its mind.

The city’s selective and
additional licensing schemes, which were due to start on 6^th April,
have been suspended by three months to 6^th July.

Luton’s scheme, which was scheduled for 1^st May has now been deferred, while Camden in London has suspended inspections.

Camden council’s website says: “We will instead issue licences based on the information provided with the application. If needed, we will contact you for further information by phone or email. We may also contact your tenants.”

Scaled down

In Great Yarmouth, although the council has vowed to continue with its HMO scheme, it’s scaled down activities too.

In a statement, a council spokesman says:
“We temporarily suspended proactive inspections of privately rented dwellings,
including selectively licensed and mandatory HMO licensed dwellings.”

This
means that despite routine inspections being called off, tenants can still
complain to the council if they consider their living situation unsafe in any
way.

The
Great Yarmouth spokesperson adds: “Whilst such routine inspections had
continued to be carried out on a risk-basis in accordance with Government
guidance, they have now been suspended in light of the tighter national
restrictions now in, and the requirement for environmental services officers to
focus work on the response to Covid-19.”

Sandwell Council in the Midlands, which had been consulting on its scheme until 5^th April, has called a halt to events early, although people can submit feedback online.

Gavin Dick, local authority policy officer at the National Landlords Association, says it is a mixed bag at the moment.

“Some councils are still consulting, such as Greenwich, some
like Durham have extended the period, while others such as Newcastle are still
trying to force landlords to go out to properties,” he tells LandlordZONE. 

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – INVESTIGATION: Councils all over the UK stop or scale-down new and existing property licensing schemes | LandlordZONE.

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Latest HMRC guidance on Covid-19 support for Self-employed

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The Chancellor, announced a new Self-employment Income Support Scheme to support self-employed people who have been adversely affected by COVID-19.

GOV‌.UK has further details about who is eligible for the scheme and how it will work.

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BREAKING: Courts system suspends all eviction proceedings for 90 days

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Senior court official the Master of the Rolls say both ongoing and new eviction action will be stopped for 90 days, but this may be extended if the Coronavirus crisis lasts for longer.

All housing possession actions in the courts are to be suspended, it has been announced, including cases currently under way or about to go into the system, for the next 90 days

Revealed by the Master of the Rolls, who is the deputy to the Lord Chancellor, the announcement means no eviction proceedings can progress to the stage where someone could be evicted.

This is designed to bolster the government’s efforts to give hard-up tenants security of tenure during the Coronavirus crisis and follows the implementation yesterday of the government’s proposals to extend the eviction action ‘wait time’ to three months.

“Tenants are still liable for their rent and should pay this as usual,” the Ministry of Housing, Communication and Local Government says.

“If they face financial hardship and struggle to pay this, support is available. In the first instance they should speak to their landlord if they think they will have difficulty meeting a rental payment, and in this unique context we would encourage tenants and landlords to work together to put in place a rent payment scheme.”

But the government is also moving to formalise these tenants/landlord discussions by strengthening the requirement for social landlords to work with their tenants prior to action starting – known as ‘pre-action protocols’ – and extending it to the private rental sector

“This will help landlords and tenants to agree reasonable repayment plans where rent arrears may have arisen,” the MHCLG says.

Desperate times

Paul Shamplina of Landlord Action says: “This announcement comes as no surprise, last week we reported we had our first case at Blackpool county court citing the Corona Virus in the court order adjourning the case.

“Through these desperate times landlords will have to accept they will not be able to gain possession of their property until most probably the end of the year.

“Even before this announcement we were saying this to our clients at Landlord Action. The way forward for landlords is mediation with their tenants, payment plans or to negotiate vacate possession.

“But the reality is if you already have a case currently at court, all relationships may have already broken down with the tenant. We are currently putting a service together for landlords for mediation on a website on the next few days.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BREAKING: Courts system suspends all eviction proceedings for 90 days | LandlordZONE.

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Coronavirus – Government advice on home moving

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This guidance applies to people buying or selling private residential homes which they intend to live in.

Buying and Selling Homes during this stay-at-home period

Given the situation in the UK with regard to the outbreak of coronavirus (COVID-19)

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