Possession and Eviction in the Covid-19 Environment!

Filed in Bath, Bristol, Landlords by on 26th March, 2020 0 Comments

Updated 23rd Sept 2020

If you are one of the unfortunate landlords with tenants who you wish to seek possession from due to rent arrears or anti-social behaviour, We strongly sympathise with you.

The process is now quite complicated and subject to change to suit the perceived requirements of the Covid-19 environment. The new regulations take little notice of landlords who may also be under extreme financial pressure and facing bankruptcy.  The latest regulations at this time of writing are available via this link.

For landlords still trying to follow the ever-shifting regulations around evictions and possessions, the following article may help. It is based on the new guidance and has been written by the Landlords Guild. Access the article via this link.

Seeking expert legal advice is highly recommended if your repossession is to stand any chance of success. Our sponsor Ince Metcalfes provides such a service, details via this link.

Previous communications:

Landlords with renting to tenants under an Assured Shorthold Tenancy agreement are now required to serve three months (not two as previously legislated) notice for a no-fault eviction.

The Housing Act 1988 section 21(1) Form 6A has been changed to reflect new legislation which came into force on 26 March 2020 and should be used by landlords in England up to 30 September 2020.

This form should be used where a no fault possession of accommodation let under an
assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act
1988.

The following section has been amended as follows;

You are entitled to at least three months’ notice before being required to give up possession of the property. However, if your tenancy started on a periodic basis without any initial fixed term a longer notice period may be required depending on how often you are required to pay rent (for example, if you have a periodic tenancy which is half yearly or annual, you must be given at least six months’ notice (which is the maximum)). The date you are required to leave should be shown in section 2 below. After this date the landlord can apply to court for a possession order against you.

To detrmin applicability, please read the terms stated on the Form 6A as a whole and seek legal advice is necessary. A copy of this recently amended Form 6A can be access by clicking on the above link in the second paragraph.

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About the Author ()

Rob Crawford is the chairman of the Association of Local Landlords (Wessex). Rob is a practicing landlord with a property portfolio that includes small private residential properties and HMO's. Rob is a qualified letting agent and former owner of Kingfisher Lettings & Management. He is now a share holder of the successful online lettings company Lettingsupermarket.com.

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