BLB Solicitors
BLB Solicitors
  • Home
  • COVID-19 Hub
  • Services for You
    • Residential Property
    • Leasehold Property Rights
    • Property Dispute Resolution
    • Divorce and Family Law
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Personal Injury Compensation
    • Medical Negligence
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Company & Commercial
    • Estate Management
  • Locations
    • Almondsbury
    • Bath
    • Bristol
    • Bradford on Avon
    • Swindon
    • Trowbridge
  • About Us
    • Our Team
    • Working for BLB
    • How we work
    • Making Payments
    • Instructing BLB
    • Terms of Business
    • Complaints Policy
  • Blog
  • Contact Us
Property Dispute Resolution Jul 10th, 2020
Hand holding wooden blocks spelling rent

Coronavirus lockdown and arrears of rent: no quick fix

In this first of two articles, residential tenancy specialist, Mike Hansom, outlines the problems currently faced by landlords whose tenants are in arrears with their rent. To discuss any aspect of landlord and tenant law or procedure, please email Mike or call him on 01225 462871.

As widely predicted, under the special powers granted by the emergency coronavirus legislation, the government has extended the suspension of evictions for residential tenants until 23 August 2020, taking the moratorium to five months.

Thereafter, with the prospect of a tsunami of possession proceedings, the government has stated that it wants court action to be the last resort, with landlords to “exhaust all possible options” before turning to litigation. In most cases, the issue between the parties will be arrears of rent and by implication, landlords are encouraged to attempt to agree flexible payment plans. However, there is no compulsion on them to do so and in reality, most will face a simple choice between the significant uncertainty of an agreement with an impecunious tenant, or cutting their losses and re-letting the property. For many landlords, that decision may be influenced heavily by the current buoyant state of the residential lettings market.

Expect long delays

But for landlords, the option of pursuing possession proceedings remains almost two months away, by which time some tenants may be four or five months in arrears with their rent, or even more. And, of course, 23 August simply marks the current planned date when the courts will begin processing claims again, not when they will regain possession. Even before lockdown, a landlord seeking possession was at the mercy of two factors, both entirely beyond their control:

  • the ever-varying size of the court’s backlog; and
  • their tenant’s co-operation.

With many thousands of pre-lockdown proceedings currently ‘paused’ by the court and a likely unprecedented number of new possession claims awaiting the green light, September will see huge additional pressure placed upon the Court Service, with lengthy delays inevitable. In the meantime, with only a slim prospect for many tenants of finding new accommodation, there is little or no incentive for them to simply vacate.

In his second article, Mike Hansom considers how, particularly in the current climate, landlords should approach arrears of rent.

Mike Hansom
Make an Enquiry

Recent Stories

  • What is common law marriage?
  • A Budget to stimulate the housing market
  • Do I need a lawyer to get divorced?
  • What are service charges?
  • Is a surprise extension to the Stamp Duty holiday imminent?

Newsletter Sign-up

* indicates required

Share this article

You may also like...

  • Jun 23rd, 2020
    Key gas safety judgment is good news for landlords
    Read Article
  • Jul 10th, 2020
    How do I recover rent arrears from my tenant?
    Read Article
View All Related Articles

Get in-touch today

Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol

    0117 905 5308
  • Bath

    01225 462871
  • Bradford on Avon

    01225 866541
  • Swindon

    01793 615011
  • Trowbridge

    01225 755656
  • Almondsbury

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2021 BLB Solicitors | Terms | Privacy | Legal