Regain Possession of a rental property – latest update

The government has made a number of changes over the last year or so that will impact Landlords seeking to regain possession of a rental property or properties. In this blog we look at some of the more important ones.

The courts have reopened with effect from 21 September 2020 which means that Landlords can once again begin the process to regain possession of their properties from difficult tenants.

However, as the courts were closed between March and September 2020, both the courts and the Bailiffs are still prioritising the most urgent cases. It could be some time yet before this situation unwinds.

The notice periods required to give notice to tenants have been extended and for the majority of ordinary cases resulting from notices given under S21, 4 months notice will now be required for all notices served after 1 June 2021.

The exceptions relate to what are regarded as the more serious breaches by tenants and include:-

  • anti-social behaviour
  • extreme arrears of 12 months or more (9 months if the arrears are more than 25% of a landlord’s total income)
  • squatters
  • domestic violence
  • fraud or deception
  • abandonment
  • unlawful subletting

These claims normally result from notices given under Section 8 rather than Section 21 where a reason for giving notice does not have to be provided.

However there are all manner of different aspects that need to be considered when looking to regain possession and the best way to understand them all is to work through the guidance produced by the NRLA (National Residential Landlords Association) which can be found by downloading and reading through this document:-

Regaining Possession Responsibly

The NRLA continues to lobby the government on behalf of its members to provide financial assistance to those affected by the Coronavirus pandemic.

“With private landlords now facing waits of up to two years to regain possession, they cannot be expected to continue to foot the bill for government failure. There must now be a plan to support households to pay their bills and to compensate landlords fully for their lost income. 

We are calling for direct financial support into the sector, to support landlords and tenants who have faced arrears during the pandemic and through no fault of their own. While measures through the welfare system have been welcome, more needs to be done to alleviate Covid-related arrears, and help landlords and tenants sustain tenancies.” NRLA

To discover more about issues involving Buy To Let properties please read our dedicated BTL web pages here.

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About Jon Pryse-Jones

Since joining THP in 1978, Jon Pryse-Jones has been hands on with every area of the business. Now specialising in strategy, business planning, and marketing, Jon remains at the forefront of the growth and development at THP.

An ideas man, Jon enjoys getting the most out of all situations, “I act as a catalyst for creative people and encourage them to think outside the box,” he says, “and I’m not afraid of being confrontational. It often leads to a better result for THP and its clients.”

Jon’s appreciation for THP extends to his fellow team members and the board.  “They really know how to run a successful business,” he says.  He’s keen on IT and systems development as critical to success, and he continues to guide THP to be at the cutting edge and effective.

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