Back
Get in Touch Menu

Residential possession claim delays: an end in sight?

16 March 2021

Private residential landlords have faced a tough couple of years with changes to the tax regime, increasing obligations, issues with recovery of unpaid rent and recently the outright ban on possession proceedings.

Considering that for many people their residential buy-to-let properties provide much-needed ancillary income, their primary income or a large proportion of their investment for retirement, these ongoing difficulties have placed huge pressures on landlords. Further to this, the recent eviction ban has cost landlords money, put tenants in further debt and delayed the inevitable repossession of properties.

That said, it appears that the government is acknowledging that they can delay no further. The recent update to the coronavirus regulations (Coronavirus Act 2020) finally allows for the most serious cases to proceed to repossession. Whilst this is only a partial solution to the ongoing ban, it now means that landlords facing the most serious issues, or rent arrears in excess of six months, can proceed with their claim through the courts and then by bailiff action if required.

There is a lot still to do. The new regulations around section 21 notices, notice periods generally and the overall complication of possession proceedings continues to make the residential lettings market more and more troublesome for private landlords. However, we are confident that, with the right support and advice, landlords can finally move to resolve issues they have with their tenants and get back to receiving their much-needed rent.

We’re here to help

If you are facing issues with your tenants or have concerns, please get in touch. We know issues with tenants can be daunting, but we are here to help.

Email James

A solicitor-advocate in our Legal 500-rated litigation & dispute resolution team, James helps private and commercial clients to resolve a wide range of disputes, including ones related to property.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
James Melvin-Bath LLB (Hons)
Senior associate, solicitor-advocate
View profile
Related services
Share this article
Resources to help

Related articles

Tenants already in situ: which notices should landlords be aware of?

Litigation & dispute resolution

Are you a landlord that’s bought or sold a property with tenants already in occupation? Our team of experts offer guidance on which notices landlords should be aware of. Perhaps…

Bethen Abraham LLB (Hons), LLM
Solicitor

The King’s speech 2023: Changes to the property sector

Litigation & dispute resolution

In November 2023, HM King Charles delivered the King’s speech which set out the government’s planned legislative programme for the coming year. Our litigation specialists summarise the proposed bills that…

Simon Arneaud LLB (Hons)
Senior associate, solicitor

Tenant eviction – a complete guide for residential landlords

Property disputes

Our tenant eviction solicitors provide residential landlords with specialist advice and expertise to help with their rental property. In this guide we take you through the process of how we…

James Melvin-Bath LLB (Hons)
Senior associate, solicitor-advocate
Contact us