BREAKING: Housing minister reveals dates for Christmas evictions ‘truce’ for tenants

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The Christmas evictions suspension is to run from 11th December 2020 until 11^th January 2021 during which bailiffs will be told they should not enforce possession orders.

This announcement has been made by housing minister Christopher Pincher in parliament in answer to a question by Liberal Democrat MP Sarah Olney.

“In addition, guidance will also be issued to bailiffs highlighting that they should not enforce possession orders in places where local public health restrictions have been introduced by government through legislation,” he said, confirming the government’s previously stated plans.

At the moment, this would cover huge swathes of the UK where existing local restrictions exist including in parts of Leicester, Bolton, Greater Manchester and the North East, North West, West Midlands and West Yorkshire.

Onley’s questions had not required such a detailed response; she had merely asked what the government was doing to support renters not covered by the six-month notice period who had been served a Section 21 notice prior to the extension kicking in.

Figures attacked

Pincher’s ministry has also attacked figures published recently by Generation Rent and widely quoted in the media in recent days claiming that 55,000 renters face eviction now that the stay on possession hearing has been lifted.

On Twitter, MHCLG has said that Generation Rent’s figures are ‘unreliable and misleading’ because they only looked at the responses “from 13 individuals to conclude that 55,000 household have been served an eviction notice”, the tweet said.

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LATEST: Government urges landlords to use third-party mediation services

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The government has urged landlords to consider mediation before starting eviction proceedings and, unusually, pointed them towards three commercial platforms; TDS Resolve, Property Redress Scheme Mediation Service and Resolve by Flatfair.

“We welcome the Government highlighting the importance of third party assistance to help come to settlements during this difficult period. This is often what is needed to get an agreement over the line,” says Sean Hooker, Head of Redress at the PRS.

“Our service is a comprehensive mediation, which allows for all eventualities. It is quick, affordable and you only pay for the stage of the process you reach.

“Given that rent arrears can mount up to thousands of pounds in a short time, the outlay on such a service is invaluable.

“We have also put together a package with Landlord Action that allows you to start the court process at the same time as engaging in mediation. This will save time and money as both processes will run in tandem.”

Using these kinds of mediation services landlords and tenants can come to an amicable resolution over rent and repossession, then decide if they want to formalise the agreement in a legally binding document.

Pre-Action Protocols

As the Pre-Action Protocols that apply to social landlords looks set to be extended to landlords in the private rented sector, the new initiative will also help cases that continue to court by providing them with reports that can be used to show they’ve tried to resolve issues with their tenants.

Landlord Action founder Paul Shamplina says when the courts reopen next week, there’s going to be a huge backlog of cases and waiting periods of between a year and 18 months to get possession.

“Through our partnership with PRS we can offer landlords an expert eviction process and the chance to get their property back sooner than current court process allows,” he says.

Franz Doer of Flatfair says: “We were quick to recognise the immense challenges faced by both landlords and tenants and launched Resolve in May, and it is great to see the Government is now actively encouraging them to work together to find a solution. 

“For tenants, letting your landlord know that you are in financial difficulty as soon as possible is the most important thing.”

Visit: landlordaction.co.uk/eviction/take-action or tenancymediation.theprs.co.uk/mediation

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Westminster prepares huge PRS shake-up for landlords and properties

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Westminster City Council has launched a raft of new measures in a bid to shake up its huge private rented sector.

The authority – which boasts the largest number of private rented properties in England with about 52,700 homes, 43% of all its housing stock – will start by consulting on a discretionary licencing scheme for all HMOs.

It also plans to review its enforcement policy and encourage more landlords and letting agents to sign up to its London Landlords Accreditation Scheme.

A private rented sector forum where landlords and letting agents can share best practice is planned, while Westminster has promised to offer support to its tenants, landlords and letting agents, and to help tenants take legal action against rogue landlords.

Recent studies found that 13% of privately rented properties in the borough have at least one serious hazard which could endanger tenants, such as faulty electrical wiring, severe damp or mould.

Serious hazards

The analysis showed nearly half of HMOs are likely to have serious hazards.

The council already operates a Housing Standards Taskforce which has led to £80,000 in civil penalty fines and £200,000 in fines for landlords who let HMO properties without a licence.

Last month, it launched an online rent repayment checker for tenants to check if their HMO is licenced and to help them claim back rent.

Councillor Heather Acton, cabinet member for public protection and licensing, says: “We want tenants, landlords and letting agents to be aware of their rights and responsibilities so we can raise standards in the sector as high as possible.

“Our new policy sets measures designed to ensure Westminster’s private rented sector is well managed, operating within the law and above all else, safe for the people living here.”

Read more about Westminster City Council’s PRS schemes.

Advice: Are HMOs the way forward?

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Leading peers to attempt evictions block manoeuvre in Lords tomorrow

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Liberal Democrat housing spokesperson Baroness Grender and Labour peer Lord Ponsonby of Shulbrede have secured time in the Lords tomorrow afternoon during which they will try and block the resumption of evictions in England.

The pair have introduced two little-used procedural mechanisms, a ‘Motion to anul’ and a ‘Motion to regret’ in a last ditch attempt to prevent evictions going ahead as the say on possession hearing lifts in the courts.

Some 19 speakers are already scheduled to speak during the ‘orders and regulations’ debate including some of its leading housing specialists such as Lord Best, Lord Whitty, Baroness Altmann and Baroness Kennedy.

If successful, the procedural manoeuvre would block tenants from being removed from their properties after a possession order is granted by forcing a wider parliamentary vote on the government’s Coronavirus regulations.

“This Government made a promise that no renter who has lost income due to COVID would lose their home, yet from Monday tens of thousands are facing that very real threat,” Baroness Grender (pictured) told The Mirror.

“Rather than scrapping no-fault evictions as promised in the election, Tory Ministers are enabling evictions of an estimated 55,000 private renters.

Under threat

“People who have been furloughed, made redundant, have children going to a local school are all under threat.

“If this goes ahead countless families will find themselves without a home, on this Government’s watch, in the midst of a pandemic.

“The loss of a private tenancy is the main factor behind someone becoming homeless, which is why the Liberal Democrats are determined to put a stop this legislation.”

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First trial date December 2021!

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Finally, the courts officially reopened, after six months of suspension. Some cases on possession matters will be prioritised including: Anti-Social Behaviour, Domestic Violence and Rent Arrears totalling over a year.

We suspect there are about 55-60k possession cases in the court system now

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