Residential possession: what landlords need to know

Residential possession: what landlords need to know

If you’re a residential landlord struggling with a tenant, the last few months will have been extremely frustrating. However, there is light at the end of the tunnel. Let’s find out more.

The Coronavirus pandemic has been hard for everyone. Many residential landlords will have experienced a significant impact, although it has mostly gone unnoticed. Part of the Government’s response to the virus was to safeguard tenants in rental properties, protecting them from possession proceedings, which is admirable. However, there will be some landlords who have had tenants suddenly not paying their rent, and there is not very much they can do about it.

Finally, after a series of delays, the Government has lifted some of its restrictions on how landlords can regain possession of their properties. But we have not returned to what it was like before March – there are still a few differences. In this article, we’ll explain what landlords can do to obtain possession.

Notice

Until March 31st 2021, a landlord must give at least six months’ notice to their tenants before they can gain possession. The period is the same whether you are serving a Section 21 notice or a Section 8 notice.

If you serve a Section 21, which does not require you to provide a reason for gaining possession, you must make sure it meets all the required rules. For example, you cannot serve a Section 21 within four months of the beginning of the tenancy.

For Section 8 notices, which require you to prove one of a range of statutory grounds for ending the tenancy, you can reduce the six-month notice requirement in specific cases, including if the tenant has been using your property for illegal purposes, in which case you can apply for immediate possession.

For tenants who have not paid their rent for six months or more at the time you serve a Section 8 notice, the notice period can be four weeks.

Taking possession

If you are fortunate enough to have a valid possession order already, but your tenant has not vacated your property, you may still feel frustrated.

The Government announced a ‘Christmas truce’ on evictions and bailiff enforcement as part of its Coronavirus response. This restriction has not been lifted. As things stand, you will not be able to enforce an eviction until January 11th 2021.

Court hearings

As part of the restrictions on landlords regaining possession, no court hearings on possession were heard between March 27th and September 20th.

While the courts are now back in session, as you can imagine, there is a massive backlog of cases to get through. Do not expect to have your case heard quickly, however important it is to you.

If you served your original notice before August 3rd 2020, you would need to serve a reactivation notice.

After COVID

You may be wondering whether once the pandemic subsides, matters will return to normal and you will be able to deal with your tenants in the same way you did before.

The current restrictions, as part of the Coronavirus Act 2020, will expire on March 28th 2021. After that, notice periods will return to normal.

However, depending on the situation with the virus, you cannot rule out changes and extensions to the regulations.

Find out more from Couchman Hanson

If you’re a residential property landlord looking for expert legal services, it’s time to talk to Couchman Hanson.

At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits our values of integrity, honesty and authenticity.

If you would like to find out more, call Couchman Hanson on 01428 722189 or email enquiries@couchmanhanson.co.uk