MHCLG (Ministry of Housing, Communities and Local Government) announces ‘New protections for renters over duration of national restrictions‘.

As a result of the second national lockdown, which came into effect on November 5, the Government has announced guidance to protect renters. This guidance is not legally binding, but suggests best practice. Whilst The Almshouse Association would advise its members to follow this guidance during the national lockdown, Members should remember that the terminology used will not reflect the legal status of almshouse residents and should take additional advice where necessary.

The key measures announced are:

  • Evictions will not be enforced whilst national restrictions are in place, except for the most egregious cases such as anti-social behaviour and fraud,
  • Taken with the winter pause on enforcement of evictions, this means that there will not be any bailiff activity until 11 January 2021 at the earliest except in the most serious circumstances,
  • Six month notice periods will remain in place until at least the end of March 2021, except for most serious cases.

Housing possession claims are able to be actioned through the courts, but evictions will not be enforced except in the most serious circumstances. These serious circumstances are:

  • Cases of illegal occupation,
  • Anti-social behaviour,
  • Fraud,
  • Eviction of a perpetrator of domestic abuse in social housing
  • Where a property is unoccupied following the death of a tenant.

MHCLG have said they also intend to introduce an exemption for extreme pre-COVID rent arrears and will provide more details on this in due course.

More information can be found here.

Posted 9 November 2020