The stay on possession proceedings has been extended with an important change
March 16, 2021

Important update: this ban was extended on March 11th until May 31st 2021.

Ministers have announced they are going to extend the ban on possession proceedings until at least 31st May, 2021. Legislation is in place to ensure eviction notices are not served except in serious circumstances to include substantial levels of rent arrears.

It has been almost a year since the Coronavirus Act was passed, putting measures in place to limit the number of evictions taking place except in the most serious of circumstances. Although the eviction ban has once again been extended, landlords have been thrown a lifeline regarding the recovery of unpaid rent on their properties where substantial rent arrears remain outstanding.

Previous legislation defined substantial rent arears as equivalent to nine months’ rent and any arrears accrued during the first lockdown on 23 March 2020 was excluded from the total.

The term “substantial rent arrears” has now been re-defined. An eviction notice can now be served where rent arrears exceed the value of six months’ rent. Under the new legislation, overdue rent payments accrued during the pandemic can now be included. Furthermore, the amount of rent arrears that must have accumulated prior to issuing possession proceedings has been reduced from nine months down to six months.

Where at least six months’ of rent is unpaid, a minimum four week notice period is required as opposed to the six month notice period for rent arrears of less than six months’ rent value.

If a claim for possession was made before 3rd August 2020 a landlord must also advise the tenant and the court that they still intend to seek possession of the property. A reactivation form will then be needed to proceed.

The courts continue to encourage parties to work together and where possible, make arrangements outside of the court such as payment plans or mediation. New court rules mean landlords are asked to consider such requests prior to any hearings.

At Terry Jones Solicitors, we have robust vulnerability procedures in place to offer our clients alternative options when dealing with vulnerable leaseholders and those adversely affected by the pandemic. We can offer legal advice on these matters as well as assistance to recover arrearage outstanding. Get in touch with enquiries@terry-jones.co.uk for more information.

< < back to latest news

Archive

  • Do parents have different rights in the workplace?
  • Managing long covid in the workplace
  • What is a clean break order?
  • Can future employers look at your social media profiles?
  • Cohabitation agreements: the common law marriage myth
  • Domestic violence – what is coercive control and how can we help?
  • The stay on possession proceedings has been extended with an important change
  • Telling children about separation and divorce
  • Making decisions about divorce when children are involved
  • I want a divorce – what do I need to do?
  • When do you need a solicitor for divorce?
  • Good Divorce Week 2020
  • Premarital agreements: what’s changed in the last decade?
  • Covid-19 and the value of the family home upon divorce
  • Coronavirus and childcare: facilitating contact in the ‘rule of six’ era
  • Jackie Finds New Family at Terry Jones Solicitors
  • Significant surge in divorces
  • Understanding restrictive covenants and furlough leave
  • Redundancy rockets in the UK
  • Furlough scheme enters its next phase in September 2020
  • Coronavirus eviction ban to be extended by four weeks
  • How do self-isolation rules affect Statutory Sick Pay?
  • Potential criminal charges for Shrewsbury and Telford Hospital Trust
  • Gas Safety Certificates and Section 21 notices – a new ruling
  • Action Mesothelioma Day 2020: the dangers of asbestos in the workplace
  • Flexible furlough: how does it work?
  • No-fault divorces: ending the ‘blame game’
  • Ban on tenant evictions extended to August 2020
  • Redundancy and furlough leave
  • Collaborative Law and Covid-19
  • Can you recoup ‘no win, no fee’ legal costs in Inheritance Act Claims?
  • Changes in Employment – what are your rights?
  • What is a protective award claim?
  • Your family law lockdown questions answered
  • Continuing to help make Wills
  • Companies House strike off policy and late filing penalties (Covid-19 changes)
  • Domestic Violence during the Covid-19 Pandemic
  • Employment law support for your dental practice
  • What is a Settlement Agreement?
  • Be wary of ‘DIY’ probate
  • Closing the gap on forgotten employees
  • How effective is your Force Majeure clause?
  • “I don’t need a Lasting Power of Attorney as my family will look after me”
  • Landlord and Tenant court hearings
  • Companies House extension for filing annual accounts
  • Updates for landlords, April 2020 – COVID-19
  • Employment law pitfalls in a pandemic
  • COVID-19 Your holiday entitlement
  • Making redundancies due to coronavirus
  • Family Court Guidance during COVID-19
  • Coronavirus Job Retention Scheme: What is furlough leave
  • Still here for you
  • Property & Finance Attorney under Lasting Power of Attorney
  • CORONAVIRUS (COVID-19) UPDATE
  • 2020 has brought about exciting changes for our residential team
  • Freedom for All – Domestic Violence, Divorce and Pets
  • Season’s Greetings
  • It’s nearly that time of year again, Christmas is getting closer
  • Elf Day for the Alzheimer’s Society Charity
  • Who gets custody of the pet?
  • Are you concerned about your relationship?
  • An Ageing Population
  • Divorce is just as much an emotional process as a legal one
  • Braving the Zip Line for Charity
  • First Class Law Graduates
  • Shrewsbury Flower Show – A resounding success
  • To Pre-Nup or not to Pre-Nup?
  • Another successful show at Newport
  • PPI Claim Deadline is 29th August 2019
  • Ellen addresses audience at Ludlow Property Conference
  • New Trainee Solicitors
  • Need advice? Email us enquiries@terry-jones.co.uk