Legal changes about rent

On 18 March the Government announced they would be bringing in emergency legislation to prevent landlords from starting possession proceedings for rent arrears for at least 3 months. GOV.UK

This is a summary to the key parts of the Coronavirus Act 2020 and MHCLG guidance for landlords and tenants.

The key points

• New and existing housing possession claims in the court system have been suspended for a 90 day period from 27 March 20 (ie until after 28 May).
• “Strong advice” to landlords not to serve new NOSPs “during this challenging time without a very good reason”.
• Any NOSPs (or NPITs) must now give at least 3 months notice of legal proceedings.
• The legislation covering notice periods is in force until 30 September 2020, is subject to review and may be extended.
• The Government advises tenants that rent is still legally due and they should pay it, seeking help if they need it and speaking to their landlord if they get into difficulties.
• Landlords are asked to offer “support and understanding” to tenants

Note about court proceedings and evictions

• Council policy is that no tenants will be evicted because of rent arrears caused by coronavirus.
• The court team have reviewed our eviction cases and are in touch about any on your patch.
• The team are speaking to the courts about abandonment cases and other urgent evictions but they have said all evictions scheduled up until the end of June have been postponed.
• Further briefings will follow as things change / develop.

Note about private sector tenancies

• The Government is in the process of extending the rent pre-action protocol to the PRS. This means, in a nutshell, that PRS landlords will be expected to have taken the same understanding approach to tenant’s circumstances as social landlords before taking a tenant to court.
• In our stock this particularly affects Camden Living tenancies and leaseholder sub-tenants.