Are you under notice, or the threat of court action?
Bailiff-enforced evictions
The current pause on bailiff-enforced evictions, introduced as an emergency measure during lockdown, ended on 31 May 2021. From 1 June 2021, bailiffs need to provide at least two weeks’ notice of an eviction, which means bailiff-enforced evictions in non-serious cases will resume from 14 June 2021. Bailiffs have been asked not to carry out an eviction if anyone living in the property has COVID-19 symptoms or is self-isolating. If you are threatened with eviction during this period, you should seek help. Please see our homelessness advice page.
Changes to Notice Periods for Tenants
Due to COVID-19, the Government had previously extended the length of notice period landlords had to give tenants to leave a property to 6 months. From 1 June 2021, notice periods that were 6 months will reduce to at least 4 months. Notice periods for the most serious cases for example, if your landlord’s claim relates to domestic violence, serious anti-social behaviour or very large rent arrears that present the most strain on landlords, the period will remain lower. For more information about this change please see GOV.UK. If you are served notice then you should seek help, please see our homelessness advice page.
Support to help pay your rent
It is important that you continue paying rent to your landlord as normal if you are able to do so. If you are facing difficulties paying your rent, you should talk to your landlord or letting agent as soon as possible as they may be able to help you by establishing an affordable repayment plan. There is more information about how to seek discretionary help.
New Court Mediation Process
As part of a housing possession case, cases will be listed by the court for review. This is before any substantive court hearing.
When tenants attend their review appointment, they will have access to free legal advice from the Housing Possession Court Duty Scheme (HPCDS).
If the duty solicitor believes that the case would benefit from mediation, they will recommend this to the tenant and landlord. If both parties agree, the case will be referred to the Society of Mediators. A mediator will then in get touch to arrange a suitable time for the mediation to take place.
If an agreement is reached during mediation, the case will not require a substantive hearing and the outcome will be confirmed to the court. If an agreement is not reached, then the substantive hearing will take place as planned.
The service is available to tenants and landlords in both the private and social rented sectors across courts in England and Wales.
Renting guidance for tenants and landlords
You can get the latest Government guidance here renting guidance for tenants and landlords.