What you need to know about the eviction ban extension

Both the ban on using bailiffs and the longer notice periods for Section 21 and 8 will continue in the same form until the end of May, the Government announced this month.

This follows an earlier announcement that court fees for online forms will increase from May of this year.

This extension is likely to be the final one, and landlords can expect to take the first steps toward normality in June.

In the meantime, the Government is encouraging landlords to work with their tenants to sustain tenancies wherever possible, something landlords have continued to do throughout the coronavirus pandemic despite a lack of financial support for the sector.

However, where possession cannot be avoided, and repossession is the only responsible option, it’s vital that landlords know what rules they have to follow.  

Possession notice periods 

At the start of the pandemic, the required notice periods for Section 8 and Section 21 were increased to three months. This was extended to a minimum of six months from August 29 for all Section 21 notices and most Section 8 notices. 

The NRLA successfully made the case to Government that landlords needed to be able to reclaim the property for serious breaches such as anti-social behaviour and significant rent arrears.  

As a result, for landlords serving Section 8 notices, between August 29 2020 and May 31 2021, shorter notice periods are available in England if the landlord served a Section 8 notice on the basis of: 

  • Anti-social behaviour, using either ground 14 (24 hours’ notice) or ground 7a (one months’ notice). 

  • Rent arrears, using grounds 8, 10 and 11 (4 weeks’ notice). However, this shorter notice is only available when they are the only grounds cited on the notice and the rent arrears totals at least six months at the time of service. 

  • False/fraudulent statement by the tenant citing ground 17 (2 weeks notice). As with the rent arrears ground, this shorter notice period is only available if no other ground is included on the notice. 

  • The tenant has died (ground 7) or has no ‘right to rent’ in the UK (ground 7b), in which case both notice periods are at least three months long. 

These notice periods will remain in place until May 31 and after that they will taper off from June.  

How these notice periods will taper off has not been decided yet, with an announcement expected closer to the end of May.  

In the meantime, the NRLA will continue to campaign for measures that support our members when they need to regain possession responsibly, as well as calling for financial support to help tenants and landlords sustain tenancies. 

Applying for a bailiff 

At present, the courts remain open and landlords across the country can go to court and get a possession order stating they are entitled to regain possession of the property.  

However, as this possession order can only be enforced by a bailiff or, potentially, a High Court Enforcement Officer (HCEO) most landlords cannot regain possession until after May 31.  

They can only enforce a possession order via a bailiff where: 

  • possession is sought against trespassers; 

  • possession has been granted because of an anti-social behaviour ground (14 or 7a) after serving a Section 8 notice; 

  • possession has been granted after serving a Section 8 notice on a rent arrears ground (8,10 and/or 11) and the arrears total at least six months; 

  • the possession order has been granted on the basis of Ground 17 after serving a Section 8 notice. 

For any other situation (such as possession order based on a Section 21 notice), landlords will have to wait until after May 31 for a bailiff to attend the property. However, even after bailiffs resume work, landlords should expect delays for some time to come.  

According to Government statistics, only 363 landlord claims led to enforcement by a bailiff in 2020. In the twenty years prior to this, bailiffs repossessed between 20,000 and 40,000 properties a year across the private and social sectors. As a result, there is likely to be a significant wait for bailiffs once they do restart enforcing all warrants.  

In areas like Greater Manchester, where local restrictions were in place between lockdowns, bailiffs have not been able to attend a property since March 2020. Backlogs are likely to be particularly acute in these areas. 

Given all of this it is highly likely that the faster, more efficient HCEOs will be in high demand immediately after May 31. Landlords who do wish to use a HCEO will require the permission from the County Court to transfer the case up to the High Court. Landlords may want to consider speaking to an HCEO ahead of time if they are keen to try and use this service. 

Do these changes affect Wales? 

England and Wales have similar but subtly different versions of the bailiff and possession rules with extensions to restrictions also announced this month. Click here for more information.

Making applications to court 

Ahead of this week’s announcement, the temporary practice directions that help the courts manage their caseload during Covid were extended to the end of July 2021. 

Landlords making new claims will still need to provide the courts with information on how covid has impacted their tenant and their cases will continue to be prioritised based on the seriousness of the ground for possession.  

Further information on this, as well as downloadable resources to help make an application are available to NRLA members here. 

Increased online court fees 

Earlier this week, the Government also announced plans to increase the court fees for online services such as Possession Claim Online (PCOL) and Moneyclaim Online (MCOL). From May 2021 they will be brought into line with the more expensive paper-based applications, despite opposition from the vast majority of respondents to the consultation (including the NRLA). 

However, the Government did recognise the NRLA’s argument that the service provided poor value for money while claimants continued to wait many months to access a bailiff.

As a result, the consultation response did state that the cost of applying online for a warrant of control would only increase slightly to £83. In addition, paper-based applications will be reduced to £83 from the current cost of £110.  

What can you do? 

Write to your MP  - It’s vital you contact your MP to outline the importance of addressing Covid-related arrears and how this is impacting you as an individual in their constituency. Contact your MP and you can make an impact; find out how you can make a difference here.