Housing charities want the government to extend the ban on landlords evicting renters beyond 20 September.
Renters across England and Wales received greater protection in mid-July after the government extended the suspension of new evictions until 20 September, taking the moratorium on evictions to a total of six months.
The move was designed to ensure that renters continue to have certainty and security during the Covid-19 pandemic. But with the tenant evictions ban coming to an end, there is growing concern among housing charities that private renters may lose their homes.
ACORN is calling on the government to urgently extend protections for all, including BTL landlords behind on their mortgage payments.
Mortgage payment holidays, initially introduced in March, are also set to end on 31 October.
Tom Renhard, ACORN national chair, said: “The latest figures show thousands of people at risk and this is likely to spike as the furlough scheme comes to an end and many more people may struggle to pay their bills.
“We are in the middle of a public health emergency and people being made homeless could increase the risk of Covid-19 cases.”
Homeless charity Crisis also wants to see the evictions ban continue.
Jon Sparkes, Crisis chief executive, commented: “As jobs cuts are coming in thick and fast, we know that tens of thousands of people may struggle to find somewhere cheaper to live even with six months’ notice.
“The government still has time to intervene and protect people from being swept into homelessness.
“We urgently need renters who are struggling to afford their rent and in arrears given financial support from government.”
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I feel there is enough hoops now to stop mass evictions. My case is rent arrears way before covid. The issue will only get worse the longer it is delayed.
I wish these charities stop using covid as a barrier!
How does extending the ban help ? I know some LLs who have already taken a haircut on monthly rental rates to try and help tenants. As I've said before; dialogue and reconciliation first but then fast track eviction if no reasonable outcome can be reached.
To me, if there has been rent defaults, then NOW is the time to prepare all the paperwork, CCJ's, outstanding rent amounts and any other documentation of proof etc.
Tell your tenants what you are planning and then when the time comes, be one of the first to get to the courts.
I cannot see this Govt, shortening any restrictions. Unfortunately LLs will just have to work with the issues as they stand. But at the very least you can be prepared, and you are sending a message to your tenants.
Be sure to make them understand that you will be filing for the unpaid rent too.
You might not get the money, but it might give you some satisfaction that their financial future will be forever trashed.
Mr Crisp finding revenge in others misfortune? Only his mother could love him.
@ Mark Wilson, it's not other peoples misfortunes, tenants sign a contract to pay their rent, if they cannot pay their rent they should move out, I don't fill my car up with fuel if I don't have the means to pay for it, same thing surely .
I think the expectation of many here on what or how tenants could/should act when they have no money is total fantasy. Self preservation is two way street.
It's so simple. Government should genuine cases enough to pay their rents and assist landlords in removing the shirkers so making properties available for more deserving decent tenants.
Why do "charities" prioritise rent dodgers and rogue tenants over decent tenants who are desperate for decent homes?
Because they consider that evil LL should subsidise feckless tenant lifestyles as they see all tenants as victims of rapacious LL.
They consider that robbing LL of rightful rent redresses the balance of power in favour of the poor tenant.
That distorted and bonkers ideology will always see the LL as depriver of income from tenants.
Obviously forgetting the fact that the LL provides a service without which the tenant would be homeless.
But ideology won't allow pertinent facts to get in the way!!
I totally agree with Robert Brown.
If housing charities really want to help how about paying the rent for all those deserving cases who cannot or elect not to pay their rent. Without the rent I too will become a problem case as I will have no income, who will then help me.
It is simple, tenants sign an agreement to pay rent and live in my property. If they stop paying they should leave.
If I leave a shop without paying for a Mars Bar I can be prosecuted, and rightly so, not protected because of Covid-19.
When will all this end? And how did we get here?
These are not housing charity’s. they house no one. They are a business with free money for income and some very well paid chief execs. When will this be flagged for what it is and these fund directed to ground level where the genuinely homeless need help.
If the Government is preventing the issuing of Section 21’s for non-payment of rent, rent arrears, would taking the Tenant to County Court with the objective of obtaining a CCJ, be a method of being first for any future payments?
Rationale for this question is that a CCJ last for 6 years, thereby the Tenants: -
• Will have no Credit Rating and will not be able to get Credit, Loans etc.
• With a CCJ any future LL will be able to check their creditworthiness.
• It will focus the Tenants to pay or set-up a payment plan.
• Shelter: Generation Rent and other such bodies cannot object, the contract is to pay, otherwise it must be theft.
• A CCJ is not an eviction!
• Could prevent Tenants “doing a runner” i.e. leaving the property and going to another, as the new LL will know that they are a bad risk.
• To date, the Government has not interfered with this type of action.
• It will demonstrate to the Tenants that they have a responsibility to pay their rent.
• If enough CCJ’s were issued all Stakeholders will have to take notice of the LL’s position.
• It is not an expensive action to draw attention to the situation.
Great question! Does anyone have the answer during this time when landlords' normal rights are curtailed so unfairly?
That's exactly what my company are doing David.
Only my tenant has moved abroad and he has allowed someone else to live in my property - 6 months rent overdue. No point in pursuing CCJ.
The last time I done one it cost me £60, dead easy, done it on princible didn't expect to get any money back, couple of yrs later the guy's photo was in the local paper, he had taken a pub over, I got the Sheriffs Office out there, They got a grand out of him, after costs I got £400, not a lot but a bonus any way, we all need to be doing this now to force the issue, feckless tenants need to be held to account and not allowed to get away with it.
Andrew - BRILLIANT!
Not sure but doesn't a Licencee have to be a fit and proper person to be granted a Liquor Licence.
Surely that means that all Civil debts need to be paid in full including costs.
Perhaps register a complaint with the Licensing Magistrates
Hasn't the CCJ process been made more difficult now with the requirements to give a Letter before action etc.
Not sure if this just applies to S21 but to me it is all connected.
So if you have discussions and want to go for CCJ how long is reasonable to leave things before applying for a CCJ.
I think a reasonable period is normally 14 days, a simple letter is all that is needed quoting the amount do and that court action will be taken if debt is not payed in full within those 14 days.
@andrewtownshend
Are you sure that a specific forms as Letter Before Action has to be used!!??
Things are changing so fast I'm struggling to keep up and that is with me engaging almost everyday with LL information resources!!
I wonder if there are any recommended protocols on the HMCTS
That's how I last understood things Paul, but yes these things do change.
@markwilson
All a rent defaulting tenant has to do to avoid any legal action is to offer to the the LL to vacate.
Some LL will accept the NTQ and some will prefer to take a different business decision.
The point here is that the tenant should ensure the LL has the choice what to do and NOT use the dysfunctional eviction process to rip off the LL.
But of course tenants don't do this because they are by nature feckless.
They know they have the law 100% on their side and use it to game the system to deprive the LL of income as well as the opportunity for income from other rent paying tenants.
It is the dysfunctional eviction process compounded by recent Govt regulations that facilitates tenant fecklessness.
They DON'T have this problem in Australia where you are out on your ear assisted by Police if you haven't paid your rent after 14 days!!
Excellent answer Paul!
In the main, I would be happy if a non paying tenant offered to vacate.
I can then also take out a CCJ for the unpaid rents when they have left.
It works for me.
David
If the defaulting tenant was upfront right away and left the property in good condition then I would give them the benefit of the doubt and write off a month's rent maximum.
If they think, like Mark W, that they have a God given right to defraud me then they would need all of God's help because I would throw everything at them!
Why do these loonies think the latter is the best course of action, when the tenants are going to have their credit ratings trashed and still eventually end up being evicted?
I predict 1000's of Landlords wont be able to get possession of their property in the coming years as Tenant knowledge of loopholes increases, especially with the correct serving and evidencing of compliance.
I have just submitted 25 individual pieces of evidence to a solicitor for a 'simple' s21 possession claim.
There is far too much complacency from Landlords who think they are compliant but are not.
Yes it's certainly getting a lot harder which is why we all need to be very much more selective of tenants, it will not be good for homelessness though will it ?
I agree John but I think the number will be far greater, especially when the Courts are going to be tenant centric for some time to come, but it's not complacency alone. Of those that want to be compliant which is most, there is also a desire to reduce costs, capability, experience, and being unbeknowingly failed by their Agent. Its usually a varied combination of all of them. Of course there are landlords that do not suffer from any of these and run a tight and compliant ship, investing the time and money to enable them to do so without assistance, but they are in the minority. The real challenge is the majority coming to that understanding. It is not as easy as some may think, and as we seen on these forums there are some colourful opinions that conflict directly with statute - I am sure of it is put into practice away from them.
Please enlighten me with the list of 25 evidences for s21 Notice evictions/ possession
I thought tenancy contract and a copy of S21 notice and evidence of right to rent, EPC, gas safe certificate and certificate of electric installation would be enough to proceed with the possession
@johnthompson
I've done 5 evictions myself successfully.
If the situation occurs again I ain't doing it myself again.
LL Action or Possessionfriend.
I just can't bear going through all that again.
Yes it will cost but worth it just so I DON'T have to manage the whole boring process again.
The hours I spent doing them all I'll never get back!
Make no mistake as others have stated things are scheduled to become even more difficult to repossess.
Any LL that doesn't have all his ducks in a row is simply a lamb for the slaughter!!
LL need to gen up on the changed risks of being a leveraged LL in particular.
The old days of repossessing in 3 or 4 months are long gone; never to return.
Think more 10 to 12 months once all the current cases have been resolved.
Think of this from the tenant perspective.
They know many LL are very poor at carrying out effective referencing.
All a tenant needs is to get those keys and then stop paying rent after the initial deposit and advance rent has been paid.
The tenant know at the moment it could easily take 2 years to get rid of them.
So free accommodation for the tenant!!
Tenants also know few LL currently bother pursuing Civil Recovery.
So for feckless tenants obtaining an AST from a mug LL can be a nice little earner!!!
Everyone needs to go for ccj's every time tenants take the p**s.
Genuine hardship cases should be treated sympathetically if they move out promptly.
Deliberate squatters and rent dodgers should be pursued mercilessly to protect decent deserving tenants.
I think Housing Charities have a brass neck. The have virtually made all the Laws & rules for LL's in recent years, they are not Elected Representatives so why are making the Laws, hardly one has come-in without they being behind it. We haven't voted in years because of this yet I am required to Register to vote its pointless if its not Democratic. I now see another high rise of 500 + Flats are to Built in Hillington that had gone through all the consultations, everyone had their say and the community weren't happy so Council refused Planning, now the Mayor steps-in over rules them and has given the go ahead so what was all that about ?. I think Private LL's should have Charity Status because they actually supply Housing at no cost to the State, and why not remove the Status from Housing Charity's that don't supply any Housing it would make sense.
Debt Pre-Action Protocol says must give a debtor 30 days ( in other words, another free month ! )
I stand corrected there then 30 days not 14, a straight forward letter to that effect would be acceptable ?
What if i want to sell my property for personal matters, isit still 6 months ban?
Give the six months notice now. Put the property on sale . That is likely to take six months anyway. Property sales are not fast unless you sell at a throwaway price. Once sold your grounds for eviction would be sound, I believe
Yes 6 months notice whatever the reason and you will have to confirm the property is vacant before you exchange contracts if you sell to someone who plans to live in it, if another landlord it doesn't matter and in fact the notice then becomes irrelvant provided they are happy to inherit the tenant. Speed of sale and price wil be determined by which of the 2 you sell to.
As soon as I get my occupier out I'm selling. The rental income on my property is/was my only income since redundancy. I can't claim UC as I have a property - yet my 'tenants' living rent free would possibly be entitled to claim. I'm not prepared to fund some lying s*** any more. This was a real smart property but it's now a tip. One less decent property will be available to rent in future.
Good luck
Get your CCJ prepared for early processing and I would think you have a great case to get the unpaid rent back as the person is illegally in your rented house, so you need to go for the actual tenant for non payment.
I would even ask the Bailiffs what they can do as squatting (which is what he is doing) in a private residency is these days illegal.
@santokh ghai
And your comment just proves you DON'T know what you are doing!!
I suggest that you DON'T attempt to evict anyone as it would be rejected by a DJ.
You need to educate yourself.
I suggest you join the NRLA who will assist you to the job as you haven't a clue.
Appreciate that some of the requirements are banal but that is what we LL have to put up with.
The PTB put all sorts of silly obstacles to prevent rightful repossession of our properties.
As you clearly DON'T know how to be fully compliant I would use a 3rd party to do the eviction for you.
In fact I suggest you ascertain exactly what would be required in the event you did wish to repossess.
I doubt you have complied so get things sorted now...................just in case!!
Paul, you are 100% correct. The level of ignorance from some Landlord's belies belief.
I have over 35 years experience and I have to continuously educate myself.... almost on a weekly basis right now.
The days of simple 'mandatory' signing off by local county courts are gone. If a Landlord fails to educate themselves they will repent at their leisure. One small serving or compliance error (including audited evidence of such) and they have a Non-Housing Act Tenancy with the potential of not being able to get their Tenant out. There are new protocols which, if not followed to the letter, will stop Courts providing you with the possession order you want.
Cut corners or fail to evolve your approach and there could well be huge financial repercussions, especially if faced with a knowledgeable Tenant and/or one of an increasing number of Tenant support groups.
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