Ban on evictions

In March 2020, the government responded to the concerns of renters during the pandemic through the introduction of an unpreceded ban on evictions. The ban was due to end last week on Monday 24 August 2020.

On Friday 21 August, Housing Secretary Robert Jenrick MP announced the continuation of the ban for an additional 4 weeks, this means the ban will be in place for a total of 6 months since its introduction.[1] This announcement comes just after several homelessness charities raised concerns over mass evictions around Christmas time and warned of a shortage of affordable housing that would lead to a “devastating housing crisis”[2].

Extension of eviction notice period

Alongside extending the ban on evictions, the government will support tenants in England through a new 6 months’ notice period for the serving of a legal eviction notice. The extended notice period is applicable to both section 21 and section 8 notices. Importantly, Robert Jenrick has outlined the serious cases that will be exempt from the extended notice period.  

Exemptions from the newly extended notice period

The extended notice period of 6 months for tenants in the England will not apply in 5 particular cases where the notice period in each case will then range from 2 weeks to 3 months.

The exceptions concern those considered to be ‘bad tenants’ for the following reasons: anti-social behaviour (an eviction notice period of 4 weeks) ; domestic abuse (2-4 weeks) ; false statement (2-4 weeks) ; accumulation of 6 months’ or more in rent arrears (4 weeks) ; breach of immigration rules under ‘Right to Rent’ (3 months’ notice)[3]

Alternatively, the newly extended 6 months’ notice period will not be applicable to notices served before 28 August: for these notices, the relevant period is at least 3 months.

The continuation of eviction hearings

From 20 September 2020, the stay on possession proceedings will be lifted. Currently, the government is “working closely with the judiciary through the Master Rolls Working Group on the prioritisation of cases”[4] for when the hearings resume. The Housing Secretary announced that “it is right that the most egregious cases, for example those involving anti-social behaviour or domestic abuse perpetrators, begin to be heard in court again”.

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Further concerns

Despite this extension, there are concerns that “thousands will struggle to find an affordable, sustainable new tenancy even with the six months’ notice” according to Jon Sparkes, the Chief Executive of Crisis, a UK homelessness charity. Crisis commends the government’s effort to remove the threat of imminent homelessness however they urge the government to not only support struggling renters but to safeguard their long-term housing prospects. [5]

If you are a landlord or tenant and are concerned about the extension, the stay, rental arrears, or have any queries regarding possession of rented property please contact our specialist housing team at Stella Maris Solicitors. 

This information is of a general nature and does not constitute legal advice. It should not be used as a substitute for formal legal advice on the specific circumstances landlords and tenants are facing. It is highly recommended that they seek out legal advice.

[1] https://www.gov.uk/government/news/jenrick-extends-ban-on-evictions-and-notice-periodsinf_contact_key=f589dd5086208e6ca4280fe8aa2d2976680f8914173f9191b1c0223e68310bb1[

2] https://www.manchestereveningnews.co.uk/news/property/ban-evictions-extended-landlords-set-18810364

[3] https://thebla.co.uk/notice-period-eviction-process-rules-changed-again/

[4] Ibid

[5] https://www.manchestereveningnews.co.uk/news/property/ban-evictions-extended-landlords-set-18810364

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