Complete Halt to Residential Repossessions

Complete Halt to Residential Repossessions 27 March 2020

In the latest update to the fast-moving changes to the rules surrounding the eviction of residential tenants and mortgage repossessions the courts have agreed with the government that from 27 March 2020 all ongoing housing possession actions will be suspended.

This covers residential tenants, mortgage actions and protected licensees.

This is in addition to the measures in the Coronavirus Bill https://www.kerseys.co.uk/urgent-injunction-court-closed/ to lengthen the notice landlords are required to give tenants. The earlier measure did not prevent proceedings already in the courts continuing or the starting of new proceedings based on notices sent before the new law, so this change is not unexpected.

It is still not clear if proceedings can be started. The announcement from the Ministry of Housing, Communities and Local Government says:

“Neither cases currently in the or any about to go in the system can progress to the stage where someone could be evicted. This suspension of housing possessions action will initially last for 90 days, but this can be extended if needed.”

It is now clear that no landlord or mortgage company will get a repossession order in, at least, the next 90 days.

Tenants remain liable for the rent although the government is asking landlords to co-operate with tenants in difficulty. Also there have been announcements of help for people who cannot pay their mortgage which apply to landlords as well as owner-occupiers.

This announcement is harsh on landlords who are currently trying to deal with tenants who were already in several months’ arrears before the emergency situation arose.

Notices, giving the new three months, can still be served by post in preparation for action when these restrictions are lifted.

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