With the impact of the COVID pandemic continuing to be felt across the UK, the law and process surrounding a landlord regaining possession of a domestic property has become considerably more confusing and complex.
Fortunately, Terry Maylin at TM Law has more than 20 years’ experience dealing with landlord and tenant issues. Here he explains some of the challenges the current situation is creating and why TM Law can help clients navigate this difficult process during these particularly challenging times.
“When the COVID pandemic first struck, landlord and tenant law suddenly changed.
“There was an initial requirement for the serving of notices and possession proceedings to be paused and, although that situation has now eased, the serving of notices seeking possession largely require six months’ notice. There are exceptions to this though and, if court proceedings had previously been paused, a landlord can serve a Reactivation Notice for their claim to resume. But even that does not guarantee that a landlord can soon take possession of their property. Even in cases where a landlord has progressed as far as issuing proceedings and has obtained a possession order, the courts are currently restricting the removal of tenants during the national lockdown, except in the most serious of circumstances, in order to prevent the risk of Covid-19 being transmitted. It is also expected that this will continue to be case for Tier 2 and Tier 3 areas when the country comes out of national lockdown on 2nd December, although this has yet to be confirmed.
“It is clear that the current situation makes it difficult for landlords to regain possession of their domestic properties, but it is not impossible if the right processes and timelines are followed. There are also different routes open to landlords depending on the grounds they have for wanting their property back. For instance, if a tenant owes money and a landlord wants to obtain and enforce judgment in relation to arrears of rent.
“Nonetheless, the Covid-19 pandemic has made Landlord and Tenant law a particularly challenging and changing landscape at present and to achieve a successful outcome, landlords must ensure that processes and procedures are followed closely. That is why we would suggest you give TM Law a call, to discuss your tenant issue and let us advise and guide you on the best route for you during these challenging times.”
TM Law Ltd is a member of the Solicitors Regulation Authority, the regulatory body for solicitors in England and Wales.