Housing Secretary Robert Jenrick made an announcement late on
Friday 5 June 2020 that the moratorium on evictions during the
Coronavirus crisis, introduced in March 2020 for an initial period of
3 months, will be extended for a further 2 months taking
the moratorium on evictions to a total of five months until 23
August 2020.
The extension of the suspension of evictions from social or
private rented accommodation will come into force on 25 June,
ensuring there is no gap between the existing ban and the
extension.
The Housing Secretary also announced that the Government is
working with the judiciary, legal representatives and the advice
sector on arrangements, including new rules, which will
mean that courts are better able to address the need for
appropriate protection of all parties, including those shielding
from coronavirus, to ensure that judges have all the information
necessary to make just decisions and that the most vulnerable
tenants can get the help they need.
The Master of the Rolls, as head of civil justice, has convened
a judiciary-led, cross-sector, task-and-finish working group to
consider and to address so far as practicable matters affecting
litigants and the courts when the stay on possession proceedings is
lifted. Membership includes representatives from the judiciary,
government, advice sectors, legal profession, Legal Aid agency,
charities and pro bono organisations. The focus of the group will
be on preparing the courts for the lifting of the suspension
including how best to support parties, including vulnerable
renters. The group will also include rules, guidance (including to
private landlords as well as social landlords), the provision of
information and the sharing of best practice.
Where tenants do experience financial difficulties as a result
of the pandemic, the government is clear that landlords and tenants
should work together and exhaust all possible options - such as
flexible payment plans which take into account a tenant's
individual circumstances - to ensure cases only end up in court as
an absolute last resort.
In advising ARCH of the decision to extend the eviction ban
MHCLG officials said:
"You may have seen this evening's
announcement about the further measures the Government is taking to
support those who rent their homes in either private or social
rented housing and who are affected by coronavirus
(COVID-19).
As you will know, the initial 90 day stay
on housing possession claims in the court was expected to expire
later this month. In recognition of the unique circumstances
of the COVID-19 crisis and to ensure that renters continue to have
certainty and security during this period, the decision has been
taken to introduce a further stay on housing possessions of two
months. This means that that no possession claims will be
heard or progressed by the courts before 24 August
2020.
All private and social renters, as well as
those with mortgages and those with licenses covered by the
Protection from Eviction Act 1977, continue to be protected from
eviction during this period. This will apply to both England and
Wales.
The legislation, which requires landlords
to give at least three months' notice to evict tenants also remains
in place and will last until 30 September 2020. We continue
to strongly advise landlords not to commence or continue eviction
proceedings during this challenging time without a very good reason
to do so.
Our guidance to landlords and tenants will be updated
shortly to reflect this latest position.
This extended stay on possession
proceedings does not change tenants' obligations to pay rent and
abide by all other terms of their tenancy agreement, and tenants
should continue to do so to the best of their ability.
As this evening's announcement sets out,
the Government is alsoworking with the judiciary on proposals to
ensure that when evictions proceedings do recommence, arrangements,
including rules, are in place to assist the court in giving
appropriate protections for those who have been particularly
affected by coronavirus - including those tenants who have been
shielding. We intend to provide more information on this in
due course.
In the meantime, wherever possible we
continue to encourage landlords and tenants to work together to
resolve disputes without the need for court action, including
agreeing repayment plans where a tenant is unable to fully meet
their rent".