Karen Reid

Barrister

The 36 Group

Landlord and Tenant Obligations

• Contractual and statutory obligations are unaffected

• Rent

• Deposit Protection Schemes

• Gas Safety Inspections

• Repair Obligations

Assistance with Paying Rent

• Increase in Local Housing Allowance

• 30% of the market rents in the local area.

• New LHA rates can be found here - https://www.gov.uk/government/publications/local-housing-allowance-lha-rates-applicable-from-april-2020-to-march-2021

• Discretionary Housing Payments

• Other funding available to Local Authorities

• Extension of the Pre-Action Protocol for Possession Claims by Social Landlords

Evictions

• Evictions from social and private accommodation suspended.

• Coronavirus Act 2020

• Section 81

• Schedule 29

• 26th March 2020-30th September 2020

• Applies to notices seeking possession, notices to quit and section 21 notices.

Possession Proceedings

• Practice Direction 51Z

• Imposes a stay from 27th March 2020 until 25th June 2020.

• Part 55

• Amended by the Master of the Rolls on 17th April 2020.

• Notices issued pre-26th March are unaffected.

• New possession claims can still be issued.

• Existing possession orders.

• PD 51Z in the Court of Appeal -Arkin v Marshall

Homelessness

• Suspension of evictions from NASS accommodation.

• Local Authorities urged to accommodate rough sleepers.

• New Lettings can go ahead.

The Courts

• Many court and tribunal buildings remain open.

• Remote hearings should be used where possible.

• Practice Directions 51Y and 51ZA.

• CPR 3.8

• Extensions of time

• The impact of the pandemic

• Homelessness Appeals

• Adjournment applications