Landlords are being failed by government policy despite the lifting this weekend of restrictions on tenant evictions introduced at the height of the coronavirus pandemic, a top property lawyer claims.
Jacqui Walton, pictured, a senior paralegal in Bath-headquartered law firm Royds Withy King’s residential property team, said there was unlikely to be an immediate spike in evictions due to new protocols and a backlog of cases.
Even when eviction claims reached the courts they could be stuck there for many months, leaving many landlords in limbo, she said.
The government moratorium on tenant evictions, introduced in March and extended in June, expires this Sunday, August 23 – although a further extension has not been ruled out.
“Once the moratorium expires it is unlikely that we will see an immediate spike in evictions and certainly not tenants kicked out onto the streets the following day. Landlords are bound by strict rules designed to slow the process down,” said Jacqui.
“Landlords who started eviction proceedings before the August 3 must now serve what is called a ‘reactivation notice’. If they do not, any claim will not be relisted by the courts or heard by a judge.
“And even when a reactivation notice is served, in fault-based evictions the courts will allow more time between the claim and hearing, typically eight weeks, and given the backlog of cases that is likely to be significantly longer.”
Eviction claims that started on or after the August 3 now require landlords to enter into what is called a ‘pre-action protocol’, with landlords needing to attempt to agree a resolution with their tenants before issuing a possession claim, Jacqui added.
“Landlords will also need to provide the courts with information on what impact the coronavirus pandemic has had on a tenant, which may have an impact on how much time a tenant is given by the court to vacate a property.
“The guidance on what this means for landlords, what information is needed and what happens if it is not provided is unclear and could leave eviction claims stuck in the courts for many months to come, leaving landlords in limbo,” she said.
While this may give respite to tenants, there did not appear to be any recognition from government that landlords too may be struggling with the loss of income during the coronavirus pandemic.
“Private landlords play a major role in the provision of homes in the UK and whilst it is right that tenants are protected, it must also be remembered that landlords too need protections. The current regime is failing landlords,” Jacqui said.
Royds Withy King also has offices in Swindon, Oxford, Bristol and London and employs more than with 520 people.
