A week or so ago the government made a significant promise about evictions during the current coronavirus outbreak –
“The government has announced a radical package of measures to protect renters and landlords affected by coronavirus. As a result, no renter in either social or private accommodation will be forced out of their home during this difficult time” (Robert Jenrick – Housing Minister).
This was encouraging news and largely welcomed. Over the last few days, we have seen the detailed plans which are not quite what was promised –
This does not ensure that no renter will be forced out of their home. It simply states that a Notice to Quit must give 3 months’ notice. It only applies to the Protection from Eviction Act 1977, the Housing Act 1985 and the Housing Act 1988 – many forms of occupation are excluded. It only applies to notices issued after the effective date – 26th March 2020. As housing law expert Giles Peaker points out in his Nearly Legal blog, “a swathe of coronavirus related possession claims will not be caught” –
He also points out that there is no reference to coronavirus related rent arrears. So, renters could well be “forced out of their homes at this difficult time”.
On a more positive note, all possession proceedings are suspended, initially, for 90 days from 27th March 2020. Whilst this provides some relief for tenants it again, only provides, breathing space. It does not resolve the underlying problem.
A final word about housing conditions. The guidance says –
Landlords remain legally obligated to ensure properties meet the required standard – urgent, essential health and safety repairs should be made. An agreement for non-urgent repairs to be done later should be made between tenants and landlords.
Lawyers who pursue claims for tenants in poor conditions will expect to see landlords responding to protocol letters of claim to the effect that repairs are non-urgent, and it is unreasonable to expect work to be done at present.