3rd Lockdown – Will the restriction on eviction be extended?

Due to this latest lockdown, some landlords maybe be affected, especially those seeking to obtain possession due to rent arrears or those wishing to sell in the near future.

You should consider taking appropriate action as soon as possible to improve the time it may take for you to obtain vacant possession.

The restriction on bailiffs is due to be lifted on the 11th of January 2021. It is likely the Government will pass further legislation to again frustrate landlords from obtaining possession of their property. This 3rd lockdown was done in haste, and other measures are likely to follow very soon.

We hope not, but the new legislation will likely be passed to extend the eviction period. What legislation will be passed, we do not know, what we can say the result will be to keep the tenants where they are.

Our advice: If you are toying with the idea of selling your property then serve a section 21 notice now. Don’t forget if you chose not to act on the section 21 notice, that is your right.

If the tenant has rent arrears or other breaches consider serving a section 8 notice.

All notices, templates can be downloaded free of charge from our website.

Note: Any new legislation to delay eviction is likely to come into force almost immediately leaving extraordinarily little time for notices to be served to beat any deadline.

Landlords who may be considering selling their property or who have defaulting tenants, please also consider the following: If the fixed term tenancy has or is due to expire, it does not mean there is no contract between you and the tenant.

When the fixed term tenancy comes to an end, the same tenancy rolls on a month-to-month basis. To renew the tenancy in some instances, may not be in your interest.

If you wish to increase the rent because the tenancy has expired, you can do this by a section 13 notice. The new rent increase automatically comes in to play, and the tenant is not required to agree or sign the section 13 notice.

Court action is the last resort, and you ought to consider all options before taking your tenant to court, which includes attempting to resolve any issue with your tenant. This is a legal requirement now.

You are preserving your position by serving notices, serving notice is not (strictly speaking) considered court action. You can choose not to act on the notice or withdraw the notice anytime you wish.

To evict a tenant without a court order is unlawful, you must seek a possession order through the court to evict a tenant.

To access Notices and template (these are all free) letter Click Here

If you wish for notices to be drafted and served by the appointed BLA lawyers, you can contact them directly by clicking Here and completing their form.

The British Landlords Association

Author: Amanda Goldsmith [email protected]

Legal Team 01293 855700

The British Landlord Association is a free national landlords association, why not join us today for free!

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This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.

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