In this two-minute
read, we look at the new rules on eviction enforcement during the latest
lockdown.

Housing Secretary Robert
Jenrick has announced a ban on bailiffs carrying out eviction enforcement
during the lockdown in all but the most serious of cases.

While the courts are
continuing to hear eviction cases, under the new rules announced last week as
England returned to lockdown, bailiff enforcement action cannot be implemented
until January 11, 2021, “at the earliest”.

Mr Jenrick says the move
protects those who have found themselves in financial difficulty through no
fault of their own “while ensuring landlords have access to justice in the most
serious cases”.

He adds: “We are now going
further by protecting renters from eviction during the new national
restrictions and throughout the Christmas period – with a pause on bailiff
activity other than in the most serious circumstances, such as anti-social
behaviour or fraud.”

There are a few exceptions to
the enforcement ban. The bailiffs can act on cases of illegal occupation,
fraud, anti-social behaviour, eviction of domestic abuse perpetrators in social
housing and where a property is unoccupied following the death of a
tenant.

The government says it also
intends to introduce an exemption for extreme pre-Covid rent arrears.

Uncertainty and case
backlog

The latest announcement from
the government adds another layer of complexity to the legal landscape when it
comes to evictions.

This year landlords have had
to contend with an eviction ban and an extension to the eviction notice period.

To further complicate
matters, courts in England are currently working through an unprecedented
backlog of cases caused by the first lockdown and eviction ban.

As a result, any landlord
considering eviction proceedings should prepare for nightmarish delays (and
bear in mind that even in the pre-COVID-19 era, the process took months).

That’s why here at CWB
Property we advise Kent landlords
to view eviction as the absolute last resort.

There are several ways to
avoid the tenant-landlord relationship breaking down to the extent that
eviction is the only answer.

By investing time and effort
into managing your tenant relationship, and by being thorough with reference
checks, record-keeping and inspections, many issues can be resolved without
legal action.

And if a dispute does occur,
expert negotiation and communication can mean a finding a solution without the
lawyers getting involved.

Investing in a professional
letting agent can save you as a landlord time, money, and stress. As the nation
continues to navigate its way through the uncertainties of the pandemic, having
an expert on your side who can look out for your best interests will help you
sleep well at night.

If you’d like to know
more about how to avoid getting tangled up in the messy eviction process, then
get in touch with us here at CWB Property. We’re happy to provide
expert advice on how to manage property investments while staying on the right
side of the law.

Copyright 2020 CWB Property