Possession Action - Landlords and agents guidance

Possession Action Landlords and agents guidance

Updated 1 October 2021

Responsibilities for landlords during coronavirus pandemic

The notice periods that were in effect during the pandemic have reverted to pre-March 2020 rules. Breathing Space and Mediation still apply however, and details of notice periods and these services are set out below.

Landlords will still be concerned about Coronavirus and the impact that this has on tenancies and property lettings and we have set out advice that you should find useful.

Advice and tips

Unless residents in the property are showing symptoms or are self-isolating because of Covid you should continue to undertake periodic inspections, safety checks or take emergency measures where required, particularly with regards to gas and electrical safety, loss of hot water or heating and any structural collapse.

If you are unable to do so as there is Covid in the tenanted household then you should make a written record of this fact, the reason why and what attempts you had undertaken to perform or mitigate any safety issues. You should retry to resolve the matter as soon as is possible and appropriate, having full regard for advice on self-isolation, hygiene and social distancing. You will need to maintain good communication with your tenant(s) affected so they are clear on what action you are taking and the timescales for this.

Sunderland City Council, as regulators for housing standards and safety in the private rented sector in Sunderland, will take a pragmatic, common-sense approach to enforcement in these unpresented times. A landlords repair obligation have not changed. Tenants have a right to a decent, warm and safe place to live. Good management requires regular review and maintenance of a property, but we understand that planned inspections may be more difficult where households have to self isolate. However, that is no reason to allow dangerous conditions to persist.

You may find it simpler to conduct virtual inspections using Facebook Messenger, Google Duo, Facetime, Skype, or other video conferencing tools.

If tenants are struggling to pay rent, talk to your tenants and try to come to some amicable financial agreement and a repayment plan. It's best practice to advise on which agencies may be able to help, but if you need some help then the Eviction Prevention Service can signpost you and the tenant to support and can provide advice. Under the new legislation - which took effect at the start of June 2021 - the stay on bailiff enforced evictions has ended and the rules on eviction notices have also changed.

As a landlord, Section 21 and Section 8 notices should still be served if you wish to gain possession of a property. Notice periods changed to pre-pandemic levels on 1 October 2021 and a summary is available at the end of this page. Please remember to ensure that your tenants deposits are protected and that other legal requirements such as gas and electrical safety certificates are in place. If they are not then the notice is likely to be invalid.

• Section 21 - You must use Form 6A to give the tenant at least four months' notice. If there is more than four months remaining on a fixed term AST then the date for possession must be after the end of the fixed term period. If the tenant does not give the property up at the end of the tenancy then you can apply to the courts for possession. If a court grants possession then a bailiff can enforce an eviction but is required to give the tenant 14 days' notice. Please use the links below to find more.
• Section 8 - You must use Form 3. This is for possession grounds such as serious rent arrears or anti-social behaviour. Please use the notice period table to calculate the correct notice period and seek legal advice of you are unsure.

Breathing Space

The Debt Respite Scheme - known as Breathing Space - is also important for landlords in the context of rent arrears. This came into force on 4 May 2021 and gives protection from creditors to customers who have problem debt and are engaging with Debt Advice Providers. It means that you must stop all action relating to a debt, including enforcement or recovery action and apply protection for up to 60 days or until the breathing space ends. If your tenant has applied for a breathing space you should receive a notification from a debt advisor, normally via email but sometimes by post.

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 also includes a mental health crisis breathing space which last for 30 days after a person's mental health crisis treatment ends, regardless of how long the treatment lasts.

Useful links

Notice Periods from 1 October 2021 (PDF, 147 KB)

Guidance for landlords and tenants - GOV.UK - Government guidance under the Coronavirus Act 2020 about rent, mortgage payments and possession proceedings, court action open housing possession cases during the coronavirus outbreak and property access and health and safety obligations.

Technical guidance on eviction notices - GOV.UK - technical guidance to landlords who may wish to seek possession of a property. The Government has announced a hold on any possession hearings and also extending the time periods for seeking possession.

Eviction prevention support service - Sunderland City Council - support and advice for landlords dealing with potential problems with Universal Credit (UC) or arrears, tenant affordability, anti-social behaviour and other concerns.

Pre-Action Plan: Managing arrears and avoiding possession claims - NRLA - advice from NRLA on managing arrears and avoiding possession claims.

Debt Respite Scheme (Breathing Space) guidance for creditors - GOV.UK - Government guidance on the Debt Respite Scheme (Breathing Space) guidance for creditors.