COVID-19: Restrictions on residential evictions in England

This has been achieved by:

• Extending the notice period of any section 21 notice and section 8 notice served from 25 March 2020 to three months; and
• A suspension of all existing possession claims for an initial period of 90 days.

Extension of notice periods

The Coronavirus Act 2020, which came in to effect on 25 March 2020, includes a provision which will have a significant impact on residential landlord’s ability to obtain possession relying on section 8 or section 21 of the Housing Act 1988. , The shortest notice period which a landlord must now provide its tenant  for any section 8 notice or section 21 notice has been extended to three months (regardless of the grounds on which the landlord relies). This will mean that a residential landlord will need to give at least three months’ notice to evict a tenant. It will apply to all notices served between 25 March 2020 and 30 September 2020.

Suspension of new evictions from social or private rented accommodation

The Courts have also now implemented a general suspension of all possession claims already a foot for a period of 90 days with effect from 27 March 2020. It applies to any new claims that were about to be issued, in the process of being issued, or have already been issued. It also applies to any application or proceedings seeking to enforce a possession order (either by a writ or warrant of possession). The period of 90 days can be extended by the Courts should the need arise.

Analysis

The new measures are wide ranging and designed to keep tenants in their homes. Whilst notices seeking possession served prior to 25 March 2020 appear to remain largely unaffected, upon expiry of those notices, should the tenant fail to vacate, they will be subject to the general suspension of commencing new possession claims Likewise, any possession claim currently proceeding through the Courts is expected to now be placed on hold for the 90 day period. It is unclear how the Court will treat claims in which a first possession hearing has already been listed, although it is widely expected that the Courts will simply adjourn the hearings for listing after the expiry of the 90 day period.

There is likely to be a significant backlog of claims that will accrue in the next three months. Delays of several months are already normal in possession claims. However, landlords should anticipate (and plan accordingly) that it will take a considerable amount of time, even after the expiry of the 90 day period, to obtain possession. The Court already has existing powers to defer the date for delivery of possession from the date of the possession order (which is usually 14 days) for up to a period of six weeks’ in cases of exceptional hardship. It is envisaged that this power will be widely used.

Landlords are therefore looking at a minimum period of six months’ before obtaining possession, and possibly even longer, if the tenant then fails to vacate requiring a warrant for possession, which before the health crisis, could take a further couple of months before securing possession.