The Government has introduced emergency legislation to ensure
that no tenant in either social or private accommodation will be
forced out of their home during the coronavirus crisis.
As part of a package of emergency legislation under the Coronavirus Act 2020, which received
Royal Assent on 25 March 2020, landlords will not be able to start
proceedings to evict tenants for at least a three-month period.
At the end of this period, landlords and tenants will be
expected to work together to establish an affordable repayment
plan, taking into account tenants' individual circumstances.
To support this announcement the Government has worked with the
Master of the Rolls to widen the 'pre-action protocol' on
possession proceedings, to include private renters and to
strengthen its remit. This will support the necessary engagement
between landlords and tenants to resolve disputes and landlords
will have to reach out to tenants to understand the financial
position they are in.
The Housing Act 1985 sets out the rules that apply to secure
tenancies and residential tenancy agreements used by councils in
their own properties.
Councils that wish to seek possession of a property under
section 83 of the Act, must give the tenant notice by using a form,
called a 'prescribed form'. The wording in the prescribed form has
been carefully drafted to ensure that the person completing the
form and the person on whom it is served understand what is being
proposed and what they should do in response. Failure to serve the
correct form may invalidate the action that is being proposed.
The prescribed forms that apply to secure tenancies have now
been changed to reflect the changes to possession procedures in the
Coronavirus Act 2020. The amended forms now available on the Government
website make it clear that court proceedings cannot
begin earlier than three months from the date the notice is
served.
The Government also announced on 26 March that from 27 March
all ongoing housing possession cases will be
suspended. The suspension will initially last for 90
days. This is in addition to the legislation to stop new eviction
proceedings which is also effective from 27 March.