Another ground of challenge for tenants: another trap for landlords

County court bailiffs and High Court enforcement agents (who are the uglier and more enthusiastic form of bailiff) in England and Wales must now generally give you advance written notice that they are coming to evict you from your home when you have stayed put after the court has made a possession order against you. How long in advance? At least 14 days. [see https://www.breakinglaw.co.uk/2020/08/bailiffs-about-to-awake.html ] The notice must specify the date and time of the eviction appointment.

But say the eviction does not take place on the specified date? Perhaps the bailiff or agent were off work with a bellyache or the court halted the eviction so that rent or mortgage payment arrears could be cleared but this has not happened. A new court procedural rule which comes into force on 07 August 2021 (see SI 2021/855) requires that a fresh written notice must be given which again specifies the date and time for eviction and at least seven days before the second appointment. 

The court does have power to dispense with the first or the second notice or to increase or shorten  the notice period.  This is something that landlord or tenant could raise with the judge at any court hearing at which the first appointment is being postponed or the second appointment is being arranged. Failure to give the prior notice - at least 14 or seven days - could invalidate an eviction that proceeded and entitle the tenant to ask the court to allow them back in and  for the eviction process to be restarted.

The Ministry of Justice has just updated its  guidance given to bailiffs and agents during the pandemic. It should be followed in England and taken into consideration in Wales alongside its own health and safety laws.  A check should be made with the household before bailiff or agent pounce and if it is established that an occupier has the virus symtoms or is self-isolating the action proposed should not go ahead. Oh and bailiffs and agents should not shout as that could increase the risk of virus transmission!

Also on the possession front, the temporary rules for landlords having to give a reactivation notice for  claims which were halted because of coronavirus are being extended to 30 November 2021 (Civil Procedure Rules 2018 Practice Direction 55C as modified by the 133rd update). 

VIDEO: RESIDENTIAL POSSESSIONS AND CORONAVIRUS

In what will be the first of many videos (or several at least!) you can, if you can bear it, watch me explain a few hot topics inspired by the latest edition of my book - The Return of Breaking Law.

This first video looks at the confused and confusing topic of eviction notices after all the changes made during the pandemic. What I say might help you if you are facing eviction or are a landlord seeking an eviction order. Of course much more on this available in the book - buy it now from the button on the left. 

COVID-19 COMPANY AND BUSINESS TENANCY NEWS - THE GOOD AND THE BAD

The restrictions on service on companies of statutory demands and the presentation of petitions to wind them up were due to run out on 30 June 2021. They have been extended until 30 September 2021 by the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of Relevant Period) (No 2) Regulations 2021 (SI 2021/1718) which were laid before Parliament today 21 June 2021. However, what are not and will not be extended are the measures which protected company directors from complaints of 'wrongful trading' and the small trader exemption from termination clause provisions which will lapse on 30 June 2021. These changes apply throughout Great Britain. 

The government has announced that the ban on eviction measures against business tenants in England which was due to expire on 30 June 2021 will be extended to 25 March 2022 - legislation to give effect is awaited any minute - and that legislation is to be put before Parliament in the current session to ring fence rent arrears owed by business tenants and which have been run up during covid closures. Landlords and tenants will be helped - no the government won't be stumping up the cash! - to reach an agreement about the arrears. If no agreement is reached, the dispute will be settled by an arbitrator whose decision will be binding on both sides. The ring fencing scheme will not apply to rent which accrued due before March 2020 or is clocked up after all restrictions are lifted.

The increase in the amount of rent arrears outstanding from business tenants in England and Wales before notice of enforcement can be given and an enforcement agent can be sent in to seize property under the commercial rent arrears recovery scheme currently stands at 554 days. That's thanks to temporary covid legislation. This legislation is to be extended but the 554 days' worth will stand for the time being.

The covid ban on residential evictions in England has been lifted.

COVID-19: REPRIEVE FOR TENANTS

The majority of residential tenants due to be evicted from their homes have been granted a further reprieve in England until 21 February 2021. The reprieve is in the same terms, except for one important exception, as the last one: see  https://www.breakinglaw.co.uk/search/label/COVID-19   The exception is that evictions can go ahead where the tenant owed at least nine months' worth of rent which had been run up before 23 March 2020. That has now been reduced to at least six months' worth of rent. Tenants should give thanks to and landlords should curse The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15) which, unlike its predecessor, does not halt bailiffs' seizure of goods. Despite the reprieve, which also protects mortgage borrowers, possession proceedings may still be brought and possession orders may still be made by the court, although not enforced by a bailiff or High Court enforcement agent where the regulations apply.

For Wales, a similar, but not identical, reprieve has been granted by The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 (SI 2021/12) and, just to be different, they have placed the name of the dreaded virus in a different place to England. The Wales regulations prevent evictions for a longer period until 31 March 2021 but must be reviewed earlier and so could be brought to an end earlier. They do not make an exception for cases where the arrears had reached six or nine months. 

Some crumbs for business tenants too. The paralysis on landlords being able to forfeit their leases or go into their premises to take them over where there are rent arrears has been extended from 31 December 2020 to 31 March 2021,  in England by SI 2020/1472 and in Wales by SI 2020/1456.