#Eviction #TenantEviction #EvictionBan #PropertyInvestment COVID-19 Commonly asked questions in relation to tenant evictions

Today we provide answers to landlords burning questions in relating to COVID evictions. If you do have any questions feel free to utilise the link provided or just pop your questions in the comments and will answer as many as possible.  We also offer a free consultation, which you can book using this link: https://creativelegals.co.uk/contact/

The Coronavirus Act 2020 together with related legislation and other measures have had significant implications for landlords’ ability to take back possession. We answer some of the commonly asked tenant eviction questions.

1. I made a possession claim before 3 August 2020 based on rent arrears, which was automatically stayed. Will this still be automatically lifted?

If you started a possession claim before 3 August 2020 and want to pursue it, you will need to send the Court and the tenant a reactivation notice.

2. What is a reactivation notice

A reactivation notice is a notice that you file with the court and serve on the tenant to restart the stayed proceedings.

3. What should a reactivation notice contain?

The Courts will deal with urgent/priority claims first, to assist the court, You As The landlord, will need to identify whether the case should be considered as qualifying under certain categories which include matters such as

§  Significant anti-social behaviour

§  Extreme rent arrears accrued

§  Squatters, illegal occupiers or persons unknown

§  Domestic violence where possession of the property is important

§  Fraud or Deception

§  Unlawful subletting

§  Abandonment

§  non-occupation or death of the defendant

Subject to the matters I've just mentioned, claims issued before the stay commenced on 27 March 2020 will be prioritised.

If the Court does not receive information as to how the tenant has been impacted by the Covid-19 pandemic, it may not be able to progress the case until such time as it receives that information.

The reactivation notice must set out how the tenant and any dependents have been affected by the Coronavirus pandemic, for example, whether they have suffered loss of income or have been shielding.  So, you as the landlord will need to take steps to determine this.

If the case concerns rent arrears, an update on rent arrears over the past two years is to be provided to the Court.  Parties are encouraged to considered other settlement alternatives such as agreeing a repayment plan.

5. Is there a deadline to serve a reactivation notice?

Unless a reactivation notice is sent to the Court by 4pm on 29 January 2021, the claim will automatically be stayed.  A formal application to restore the claim will be necessary after this deadline.

6. I made a possession claim after 3 August 2020

A reactivation notice is not necessary for claims made on or after 3 August 2020.  But, you do need to provide the Court with information about the impact that the Covid-19 pandemic has had on the tenant as soon as possible.

7. I Have already got my possession order I'm just waiting to file an application for a warrant for possession. Do I need a reactivation notice?

A reactivation notice is not required if you have already received a final possession order.

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