Welsh government extends Covid-19 eviction protection measures to next March

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In-line with those in England, it was announced Wednesday 15^th September that letting agents and landlords in Wales must wait six months (as opposed to the usual 2 months notice) before they can start new possession claims, except where anti-social behaviour or domestic violence is involved.

Under the powers of the Coronavirus Act 2020, the deadline has been extended until 31 March 2021, the original deadline being 20 September 2020. Housing Minister, Julie James MS also confirmed there will be a pause on physical evictions both during the festive period and within any further local lock-down, the same as the UK Government announced recently.

The Minister in Wales also announced that, with immediate effect, tenants can be given shorter notice periods if they are involved in anti-social behaviour or domestic violence, the same as before COVID-19 regulations came into play.

A formal announcement of the change will be made along with the publication of regulations before the end of this month.

Where rent arrears have accumulated due to the Coronavirus pandemic, private rented sector tenants will soon be able to apply for a loan in Wales through the Tenancy Saver Loan Scheme, opening at the end of September 2020. The Welsh Government is providing £1.4 million to boost services that support people in Wales to manage debt problems.

Unrelated to to the pandemic, the Welsh Government is to continue with its tenancy changes with their Bill to amend the Renting Homes (Wales) Act 2016 which aims to increase the security of tenure for tenants. The Bill will extend the no-fault notice period from two to six months, and landlords will be prevented from issuing a no-fault notice until at least six months from the date of occupancy.

The change will mean that in Wales tenants will get a minimum of 12 months’ security of tenure from the commencement of a residential tenancy contract, giving Welsh tenants greater security than anywhere else in the UK.

Julie James MS, Minister for Housing and Local Government says:

“The Coronavirus pandemic is continuing to have a significant impact on daily life and is still posing major challenges for all of us, I have therefore acted to give additional protection to renters. I am committed to ensuring we continue to protect renters whilst at the same time mitigating impacts on landlords and protecting communities from the harmful effects of ongoing anti-social behaviour.”

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Letter of claim from no win no fee solicitor?

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I served a S21 on my tenant. Since then, he has been on a mission to hurt me! He has now got a no win no fee solicitor who has sent me a letter of claim for disrepair.

The tenant has refused access to the flat for many months.

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Rees-Mogg: ‘Evictions ban extension? We’ve already spent £1 billion helping tenants’

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The Leader of the House of Commons has given another strong indication that the government is not considering a last-minute U-turn on the eviction ban.

Jacob Rees-Mogg dismissed calls from Coventry MP Zarah Sultana to debate the issue again by unequivocally responding that the Government had already spent enough money on tenants.

During a Parliamentary session, Sultana asked him to give Government time to urgently discuss measures to stop a potential housing eviction and homelessness crisis, such as by extending the ban for at least a year, scrapping no fault evictions and cancelling rent arrears.

However, Rees-Mogg said nearly £1 billion had been provided for renters, including increasing the generosity of housing benefit and Universal Credit so that the Local Housing Allowance covered at least 30% of market rents in local authorities.

Balance struck

He added: “Measures ensuring no tenant has been forced out do come to an end on Sunday, but landlords have not been able to evict for at least six months.

“There’s a balance to be struck between landlords and tenants, and the Government has spent a great deal of taxpayers’ money trying to support tenants.”

From Monday, landlords will be able to issue tenants with a Section 21 or Section 8 notice but will be asked to submit evidence about how their tenants’ circumstances may have been affected by coronavirus.

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Is this a DWP system failure or just an excuse?

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To cut (an inevitably long story short!) I had a tenant who declared a change of address away from my property completely unknown to me. As a result, the Managed Payment to Landlord (MPTL) arrangement that existed for my property was cancelled on the date he reported the address change.

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Is change coming to the Evictions industry?

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Any firm or solicitors offering a specialist eviction service can operate under a Solicitors Regulation Authority (SRA) licence. However, if they operate without an SRA licence they will not have the legal authority to complete many parts of the process.

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Evictions ban will end on Sunday, says Master of the Rolls

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A clear indication that the evictions ban is to come to an end on Sunday has been published by the Master of the Rolls Sir Terence Etherton, leaving the government with little time or wiggle room to do a U-turn.

“If the government were to change its mind today then it would leave a lot of egg on the face of many groups and officials, so I can’t see it happening,” one lobbying organisation, which asked for anonymity, has told LandlordZONE.

Etherton has written a statement on the Courts and Tribunal Judiciary website announcing the resumption of possession cases on 20^th September, although as this is a Sunday this will mean hearings re-starting on the 21^st.

“A stay of proceedings in possession cases has been in operation, under various powers, since 26 March this year. That stay comes to an end shortly,” he says.

This hasn’t stopped the Labour party pressing the government to extend the ban, saying that “Coronavirus cases are rising, vast swathes of the country are set to be under local lockdown, and the Covid jobs crisis is set to get worse. This is no time for the Government to re-start evictions”.

Possession cases

Etherton’s statement is part of his department’s guidance on the resumption of possession cases which, most industry organisations have told LandlordZONE, gives the strongest possible indication that the government is unlikely to do another U-turn and extend the ban, despite pressure from Labour and Shelter.

Etherton also highlights the results of a judicial practice working group he put together in May, bringing together judges, court staff, government officials, legal representatives, the advice sector, and those representing landlords and tenants, mortgage lenders and borrowers. 

“Together, supported by my office, they have worked tirelessly towards the aim of ensuring that the courts are as prepared as they can be for the resumption of possession proceedings. I am immensely grateful for the work that they have undertaken led by Mr Justice Knowles,” he says.

Read the working group’s report ‘Overall Arrangements for Possession Proceedings in England and Wales’.

Read Etherton’s statement.

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Landlord Action – 3 Steps to Tenant Eviction

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The risks associated with illegal eviction missed rent payments and possible damage to your property if tenant eviction is badly handled are significantly reduced by paying for professional advice or services.

Accuracy is critical. Landlords won’t find a more accurate service.

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9 Golden Rules as courts begin to hear possession cases from 21st September

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New golden rules to sustain tenancies in the rental housing market have been published ahead of the courts beginning to hear possession cases from the 21st September: Click Here

The rules, drafted by the National Residential Landlords Association

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Universal Credit minister slammed for ‘misleading’ excuses over rent payment delays

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A leading Universal Credit specialist has criticised pension minister Will Quince for giving misleading answers to parliamentary questions from two campaigning MPs over controversial Alterative Payments Arrangements.

Quince defended the system of direct rental payments during a Commons debate, despite many landlords haemorrhaging funds trying to set up Alternative Payment Arrangements (APAs) for the housing portion of Universal Credit while Covid-related rent arrears stack up.

And many are being given out-dated advice by the Department of Work and Pensions, according to Bill Irvine at UC Advice & Advocacy, nearly four years after the policy of ‘explicit consent’ was changed.

This means landlords can wait weeks to even get an acknowledgement of their claim for APA or are told that they’re not eligible because their tenant hasn’t given authority – even though the requirement to get their consent is no longer necessary.

This all follows a debate in the Commons between MPs Bob Blackman and Karen Buck, who grilled pensions under-secretary Will Quince on whether landlords could get direct payments via APAs.

£440 million gap

Buck told the Commons: “One in eight tenants have built up arrears and there is a £440 million gap between what landlords believe they are owed and what tenants have paid.”

Quince said it was wrong to attribute a rise in rent arrears solely to the benefit. “We know that many tenants are arriving on Universal Credit with pre-existing rent arrears, which Universal Credit actually appears to be helping to clear over time. There is no wait…people can get an advance immediately.”

Irvine says that the minister’s excuses are misleading. He adds that even when an APA is awarded, payment can start then stop without notice when a tenant asks for funds to be redirected back to them.

On a whim

“The DWP are behaving on a whim by simply reverting payment back to the tenant as there’s been no change in the tenant’s circumstances since the APA was granted.”

He tells LandlordZONE that some tenants are abusing Universal Credit knowing it will be months before action can be taken.

“If the scheme was working properly, the majority of landlords wouldn’t be experiencing long-term rent arrears. It’s not, and regrettably, it’s causing unsustainable losses.”

However, a DWP spokesman says: “We have not heard anything from landlords about advice being given to the contrary or issues in relation to what you raise. Our guidance on this is quite clear.”

Watch the debate on Parliamentary TV.

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NRLA publishes “golden rules” guide for landlords

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The new “golden rules” devised by the National Residential Landlords Association, are designed to sustain tenancies in the rental housing market prior to the court’s resumption of possession case hearings from the 21st September.

The rules will form a central part of measures announced by the Government to ensure courts can start to process possession cases following the six month ban.

The document published today by the NRLA provides practical advice and support to sustain tenancies where tenants are facing financial difficulties. It includes ensuring that tenants and landlords properly communicate with each other as soon as a problem arises, that the landlord understands the tenant’s needs and circumstances.

It ensures that suitable arrangements can be agreed where possible to address rent arrears that might be building. This might include supporting tenants to access financial support that could be available, making use of guarantors or developing suitable rent repayment schedules.

The rules also include advice about access to mediation services where it might help, and warns landlords to keep written copies of all communication with tenants to prove the efforts made to sustain tenancies should the case need to come to court. Judges have made clear that they will make use of powers to adjourn cases where they feel proper processes have not been followed.

The NRLA argues that these rules, together with changes announced to the way courts operate means that possessions cases can be heard again, starting with the most urgent related to anti-social behaviour, tenants committing domestic violence and cases of extreme rent arrears.

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

“Despite the courts opening up again, it does not mean that repossessions are an inevitable consequence where tenants and landlords have struggled due to COVID-19. The golden rules published today provide all the advice needed to sustain tenancies – but it is incumbent on both parties to speak to each other.

“We welcome the framework developed by the Government to ensure courts can begin to hear possession cases again. In such challenging times they broadly strike the right balance between protecting tenants affected by COVID and the need for landlords to tackle the most severe cases including anti-social tenants and cases of extreme rent arrears.

“That said we remain concerned that the expectation for landlords, the majority of whom are not property tycoons, is to go without rent for anything up to a year before such cases are deemed a priority. Such a position is not sustainable, especially as there is almost no chance of the rent arrears being recouped. We will continue to raise the difficulties that this will cause.”

The NRLA “golden rules” can be accessed here

The Master of the Rolls (as Head of Civil Justice) established a Working Group on Possession Proceedings that has produced guidance on the overall arraganements

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