COVID-19 update – 21 September 2020

From today the suspension on possession claims in the courts has ended.

For those with a current possession case a reactivation notice is required to be sent to the court. The courts will then be prioritising cases based on whether there is any anti-social behaviour, domestic violence or the rent arrears are severe and having a serious impact on the landlord’s own finances.

The time period for new possession notices has now changed to six months for s.21 (no fault) and most s.8 (breach of tenancy) matters. If there are over six months of arrears, then the notice period is four weeks and if there is anti-social behaviour then depending on the situation the notice period could be anything from four weeks to none.

Parties should take reasonable steps to resolve their dispute before coming to court and Landlord Action anticipate that the courts will prioritise these cases. To stand the best chance of having your case considered as soon as possible, we recommend landlords use a mediation service.

 

Landlord Action are delighted to have partnered with the PRS Mediation service to offer package to assist landlords and tenants to come to an arrangement with regards to the property.

Serving a notice protects the landlord’s position but undertaking mediation helps the parties come together and reach a negotiated agreement to avoid the stress and costs of court action.

For £220 Landlord Action will undertake a Step 1 review and once a notice is served we’ll instruct PRS mediation service to start a mediation case for you and try to contact your tenant to see if they are willing to undertake the mediation. The usual cost for these two services would be £244 and you’d have to instruct PRS mediation separately. There are further fees if your tenant agrees to use the mediation PRS service. More information is available here.

 

In the meantime, you can still serve notice and issue claims at court on notices that have expired. Please speak to a member of the team on 0333 321 9418  or email us at info@landlordaction.co.uk  in order to start the process. We may refer you to the Property Redress Scheme tenancy mediation service if we feel your case is suitable for them.

For further information on the current situation with possession claims, please read our Q&A.

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