Over the past year, the Government has introduced a series of housing support measures, some of which have been amended and extended since March 2020.
It has often been the case that amendments and extensions to measures have come with little warning or guidance and it has been left to RPs to digest and interpret what has been imposed upon them. This has by no means been an easy task. Given the numerous measures, many could be forgiven for forgetting what RPs of all shapes and sizes have had to contend with.
On the 16th February 2021, the Government released its updated Briefing Paper 2021. The paper acts as a useful reference point to the significant challenges and changes in legislation faced by RPs and private landlords since the coronavirus outbreak. Below is a brief timeline of the key events that RPs have dealt with since March 2020:
- The Coronavirus Act 2020 (“the Act”) came into force on 27th March 2020, as well as Practice Direction 51Z: Stay of Possession Proceedings, Coronavirus. The impact of the Act and the Practice Direction was that:
- the notice period for a Notice Seeking Possession and a .s21 Notice was extended to 3 months for any notices served between 27th March and 30th September 2020; and
- all possession proceedings were automatically stayed for a period of 90 days.
- On 5th June 2020, the Secretary of State, Robert Jenrick, announced an extension of the moratorium on possession actions for a further two months (until 23rd August 2020).
- On 21st August 2020, the Government extended the ban on evictions for another 4 weeks (until 20th September 2020).
- On 28th August 2020, the Act was amended to introduce notice periods in England which vary depending on the nature of the tenancy and the Ground on which the landlord is seeking possession. In summary, if a landlord is not seeking to evict a tenant for anti-social behaviour, serious rent arrears, or where the tenant has no right to rent, a minimum notice period of six months’ applies. This notice period was to remain in force until 31st March 2021.
- On 10th September 2020, Robert Jenrick, announced the bailiffs would not enforce evictions where local lockdown measures were in force which restrict access to premises.
- Practice Direction 55C (originally planned to come into effect on 23rd August 2019) came into effect on 20th September 2020, in preparation for the lifting of the stay on possessions. The Practice Direction placed new requirements on landlords seeking a possession order was initially put in place until 28th March 2021, this period was extended to 31st July 2021 on 29th January 2021.
- Following the new national restrictions on 5th November 2020, The Public Health (Coronavirus) (Protection from Eviction and taking Control of Goods) (England) Regulations 2020 came into force on 17th November 2020. The Regulations prevented enforcement of repossession orders by bailiffs against tenants other than in the most serious circumstances (trespassers, anti-social behaviour, death of an assured tenant, domestic violence and substantial rent arrears (9 months’ of arrears at the date on which the order for possession was granted) which pre-dated 23rd March 2020. The restrictions were set to expire on 11th January 2021.
- However, on 8th January 2021, the Government introduced The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 to extend the ban on the enforcement of evictions to 21st February 2021. The Regulations made a single change to the exception of substantial rent arrears, which was changed from 9 months to 6 months’ rent arrears.
- On 14th February 2021, the Government announced a 6-week extension to the ban on evictions to 31st March 2021. This will be kept under review. This was introduced by The Public Health (Coronavirus) (Protection from Eviction) (England)(No.2) Regulations 2021 which came into force on 22nd February 2021. The Regulations prevent the enforcement of repossession orders by bailiffs against tenants other than in the most serious circumstances (trespassers, anti-social behaviour, death of an assured tenant, domestic violence and substantial rent arrears (6 months of arrears at the date on which the order for possession was granted).
Comment
What the briefing report does not report upon are the additional external challenges faced by RPs as a result of the coronavirus pandemic which should not be underestimated or forgotten. RPs have had to interpret Government guidance and assess the health and safety of staff, operatives, contractors and tenants. RPs were quick to ensure that measures were put in place to support tenants. The implementation of welfare calls and regular communication with residents became a lifeline to many residents.
Urgent and non-essential repairs gas safety inspections and stock surveys have still needed to be arranged and completed. RPs also had to find creative ways to continue to effectively address and deal with complaints of anti-social behaviour at a time when they have not been able to visit properties. The vast majority of RPs have dealt with the challenges placed before them admirably at a time when the tools ordinarily used to combat rent arrears and obtain possession orders have been blunted and, in some cases, taken away.
The past 12 months has resulted in many RPs suffer from a drop-in income due to rent arrears. As of 29th January, Inside Housing estimated that there were rent arrears in the social housing sector of £1 billion. The lack of income will be a concern for many as it will inevitably restrict the works RPs can undertake which may lead a drop of the level of service provided to residents.
Currently landlords can seek to enforce possession orders where there are rent arrears exceeding 6 months’ rent. Whilst there may be a gleam of light at the end of the tunnel, there will inevitably be a delay in recovering arrears and where appropriate securing eviction dates given the restrictions of the last 12 months. In addition, the deadline for evictions (that do not meet the exemption criteria) has already been extended by the Government on previous occasions and there is no guarantee that this may not happen on for before 31st March 2021.
Whatever the future holds, RPs have repeatedly shown over the past year that they will continue to adapt and provide for their residents no matter what.
For more information on the topic, please contact Mark Gannon.
