Last week, The Ministry of Housing, Communities and Local Government (MHCLG) announced an extension of the evictions ban by a further 4 weeks. The ban was initially introduced to prevent tenants being evicted during the coronavirus lockdown.

The Almshouse Association has encouraged our members to follow the guidance as best practice during the current situation. We understand that this will not be a good position for all members.

The ban extension means:

  • Evictions cannot be legally sought until September 21st 2020
  • A new requirement to provide 6 month notice periods has been introduced which will remain in place until 31st March 2021, except in ‘those cases raising other serious issues such as those involving anti-social behaviour and domestic abuse perpetrators’.
  • Courts will not resume eviction hearings until the ban ends. When the ban is lifted, cases will be prioritised based on how serious they are, i.e. those involving anti-social behaviour, or rents which have not been received for over a year.

We have been working with MHCLG over the last month or so to move to a ‘set of guidance‘ that fits with how our members manage rare cases of necessary set aside rather than a blanket ban on evictions. To date, it seems we have not been able to persuade them to move to pragmatic guidance rather than control.

We will continue to work with MHCLG to persuade them to develop a ‘set of guidance’ that fits with how almshouse charities manage residents in the very rare cases that set aside is the only option.

UPDATE 1/9/2020

The Ministry for Housing, Communities and Local Government has provided a further update regarding the notice period required for cases involving serious issues such as anti-social behaviour.

These changes mean that from 29 August notice periods must be at least:

  • 4 weeks in relation to anti-social behaviour. Some discretionary grounds relating to nuisance/immoral or illegal use of the property require no notice at all. 2 weeks’ notice is required for notices in relation to rioting.
  • 2 – 4 weeks’ notice periodsin relation to domestic abuse (depending on the type of tenancy notice period will vary – 2 weeks’ notice for grounds under 1988 Housing Act and 4 weeks under the 1985 Housing Act)
  • 2- 4 weeks’ notice periodsfor false statement (depending on the type of tenancy and ground used, the notice period will vary – 2 weeks’ notice for grounds under 1988 Housing Act and 4 weeks under the 1985 Housing Act)
  • 4 weeks’ notice period where over six months of rent is due (if less than six months is owed, then six months’ notice must be given)
  • 3 months’ notice periodwhere the tenant is unlawfully present in the UK in breach of immigration rules (known as no ‘Right to Rent’) or where the tenant has passed away.
  • 6 months’ notice periodfor all other grounds, including Section 21 notices and rent arrears under 6 months.

Notice served on and before 28 August are not affected by these changes, and must be at least three months if served on or after 27 March. If a landlord wishes to serve a new notice in order to take advantage of the new shorter notice periods required for certain serious cases, they should, where they are issuing a new notice of the same type, withdraw the first notice before they serve a new notice. These regulations will apply in England only.

Posted 25 August 2020; updated 1 September 2020