Pro-tenant campaign group Generation Rent says judges should have more power to protect tenants from eviction while the Coronavirus outbreak continues.
The demand is one of three that the pressure group is putting to the government to improve tenants’ rights over and above the latest eviction ban extension.
In a blog on the group’s website it says that there should be a permanent ban on Section 21 evictions, and that Section 8 rights should be amended so that arrears built up since March due to Coronavirus are not ‘legally due’ and cannot be used as grounds for eviction.
“This would prevent those who have lost income from also losing their home” says the group.
But it then adds a new demand: “Give judges powers to protect tenants. For all other possession cases, including notices that have already been served, and cases where the tenant may be at fault, the government should introduce guidance that enables judges to consider if Coronavirus is a factor in individual cases, and if all other routes to avoid eviction have been taken once the ban is lifted.”
Originally in mid-March, Housing Secretary Robert Jenricks said that agents and landlords could not start proceedings to evict tenants for at least a three month period, in a bid to ensure renters do not worry about the threat of losing their home.
That period was due to end about now but earlier this month Jenrick announced: "We are suspending evictions from social and private rented accommodation by a further two months. Eviction hearings will not be heard in courts until the end of August and no one will be evicted from their home this summer due to Coronavirus."
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That is right....Good on you all...
Bash the landlords for their (tenants) personal issues, mistakes, fecklessness, overspending and ignoring their financial, moral and legal responsibilities. And all without any form of remorse or guilt.
I wish I could do that. I bet BMW would love me not to pay for their leasing payments!!!!!!
One way or another the courts are going to be reluctant to kick tenants out, regardless, end of.
I agree Mark! Making someone homeless is always a last resort, Covid 19 on top of a housing/affordabilty/unemployment crisis will mean they will be even less inclined to do so, and if your tenants are a family, forget it. Will never happen. Dont be surprised to see some tenants taking advantage of this as well as we saw with the supposed rent holidays. Expect to see Dr's notes being waived in Court citing stress, anxiety and mental health issues where before there were none.
Sorry I thought the judge was there to judge cases on the merits provided by the defence and prosecution, not favour or protect on side over the other
... " SUPPOSED to " being the operative word, but experience of Landlords tells us differently.
How to get - see Justice done ? is the question.
By the same token landlords should be given the same power to prevent tenants from getting away with not paying. Goose and gander come to mind here.
With sublet recovery model commercial leases can be effectively forfeited on behalf of landlords, property recovered while protecting the rights of the existing tenants.
His Honour Judge Luba QC is a highly respected authority on Housing Law and has written many books on how to defend possession claims. This senior circuit judge clearly knows that he would prefer to write about defending a possession claim than prosecuting them. He is the person responsible for the out come on Caridon V Shooltz before a considerably more learned high court ruling overturned shelters most favourite defense in recent times. But then His Honour Judge Luba QC did 'set up' shelters legal department, he claims. Every possession claim we have recently put in has been returned with an illegal 90 day stay due to the coronavirus and some of these letters state this: This letter is issued on the authority of the Designated Civil Judge for London (His Honour Judge Luba QC). Do they really need to campaign for judges to be bias?
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