The ban on evictions in England and Wales is set to end next Monday, but the Scottish government is considering extending its own ban for longer.
In November, the government offered temporary respite to worried tenants by pausing evictions over Christmas, but this ban is set to end on 11 January, after which bailiffs will once again be allowed to take possession of properties.
Here, we explain the eviction rules in place around the UK and offer advice on landlord and tenant rights during COVID-19.
Eviction ban in England and Wales set to end
In November, the government placed a pause on eviction enforcement in England and Wales until 11 January.
This meant that bailiffs were banned from repossessing properties over the Christmas period, apart from in the most extreme circumstances.
These included instances of rent arrears of nine months’ or longer, illegal occupation, anti-social behaviour and domestic abuse.
From next Monday, however, that’s set to change, and possession proceedings will be allowed once more.
If you are given notice of eviction by a court, you’ll have 14 days to leave the property – meaning the first date evictions can technically take place is 25 January.
The end of the ban doesn’t affect the temporary rules around notice periods. Until the end of March, landlords serving new eviction notices in England will need to give six months’ notice before commencing proceedings.
To find out more, see the government guides on evictions in England and Wales.
Citizens Advice calls for further eviction delay
Citizens Advice has called for the ban on possession proceedings to be extended during the current national lockdown and for all areas that remain in Tier 2 or higher thereafter.
It says half a million renters are now in arrears, owing an average of £750. More than half (56%) of those struggling to make payments had no previous history of arrears before the start of the COVID-19 outbreak last Spring.
The charity says there could be an ‘avalanche of evictions’ unless further help is offered, and has called for targeted financial support system for those facing rent arrears in England.
Eviction rules around the UK
COVID-19 mortgage payment holidays for landlords
Some support is available for landlords and tenants facing financial difficulties due to the ongoing pandemic.
Landlords whose tenants are struggling to pay rent can still apply for payment breaks on their mortgages until 31 March, with total deferrals of up to six months’ allowed.
The government says that tenants who are unable to afford their rent should speak to their landlord directly to try to reach an agreement, which could include reducing or suspending payments in the short term.
Tenant rights and assistance during COVID-19
You’re still required to pay your rent as per the terms of your tenancy agreement, but landlords are being encouraged to offer support for renters who are struggling.
If you’re not currently earning, you might be able to qualify for financial support. Housing Allowance and Universal Credit have been increased to cover housing costs. In addition, the government says it has also made £180m available to councils to provide discretionary housing payments to tenants struggling to pay their rent. Check with your council to see if you’re eligible.
Tenants in Wales may be able to apply for Tenant Saver Loans offered by credit unions, and renters with low incomes in Scotland may be able to claim Local Housing Allowance.
Your right to live in a safe property is unaffected by the coronavirus outbreak. Your landlord is still responsible for conducting essential maintenance and dealing with urgent issues (for example if the boiler breaks down).
If your tenancy agreement is coming to an end and you’re concerned about moving during the pandemic, speak to your landlord about your options. Some landlords may be willing to discuss a month-by-month agreement given the current circumstances.
Buy-to-let landlord advice during COVID-19
Your responsibilities as a landlord are unaffected by COVID-19, so any essential repairs must still be conducted, and planned gas and electrical safety inspections should be arranged wherever possible.
If for some reason you can’t have essential work carried out (for example if the tenant is self-isolating), then you should document your attempts to do so in case your council requests evidence.
You can now carry out viewings and let out homes, but you’ll need to adhere to the government’s guidelines. These including social distancing, wearing a face covering and providing separate towels for people coming to view properties.
If a current tenant is isolating or has COVID-19 symptoms, you won’t be able to conduct viewings.
