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The Coronavirus Act 2020: Residential Landlords & Possession Proceedings

20 January 2021

Sophie Kerry

Block of Flats

The Coronavirus Act 2020: Residential Landlords & Possession Proceedings

 

The UK government recently extended the suspension on evictions of residential tenants until at least the 21st February 2021. This may leave many Landlords feeling extremely concerned about their legal position in relation to gaining possession of their property.

 

A Landlord may still issue a Notice to their Tenant, however, from 29th August 2020, a Landlord in most cases must give their Tenant 6 months’ notice before they can reclaim possession of a property by court proceedings. This Notice period is applicable to Assured Tenancies, Assured Shorthold Tenancies, Secure Tenancies and less common forms of Tenancy under the Housing Acts of 1988 and 1985 and the Rent Act 1977. 

 

Shorter Notice Periods only apply where the Landlord wants to evict their Tenant due to rent arrears of more than 6 months, anti-social behaviour, domestic abuse or false statement.

 

There are however no restrictions via the Coronavirus Act in relation to squatters and trespassers. Furthermore, the act does not invalidate any existing possession orders.

The guidance and legislation are ever-changing and for the most up to date advice and correct procedures when issuing documentation for possession of a residential property, please do not hesitate to contact our Dispute Resolution Team.