Eviction Ban Lifted 20 Sept 2020

Brett Alegre-Wood
September 16, 2020

the courts will be overwhelmed because of the 6 months backlog

What you need to know about Eviction Ban being lifted. What the possible problems you might encounter.

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Let's talk about the eviction ban so the eviction ban is being lifted i think it's this Sunday, it gets lifted by the key here so it's 20th of September. The key here really is that the existing cases so if you had an existing case of getting rid of somebody or a victim that has been stayed. So unless you take action, all right and fill out I can't remember what name is 6a, don't hold me to that whatever the form is. Part of that form is you've got to say are you aware of what's happened with your tenant, you know have they been affected by coronavirus? so how do you do that? well, you know hopefully you've had a conversation with them. Hopefully you've emailed them to say you know whatever you know they're behind in the rent, any social behaviour there whatever okay and if you do that that's enough. 

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Because actually under the mandatory grounds because understand in evicting people there is mandatory rounds and there's a discretionary grounds. Mandatory grounds it doesn't matter they still it's mandatory so they'll get evicted. Discretionary it's at discretion, now I think the problem is the courts are going to be totally overwhelmed. Part of it is this the ban has been for six months now. They've added six months notice on there, so new cases now have six months notice added to it which means if you as of Monday say you're out. You know and begin the process even through a section 21 or whatever it's likely to take you six months.

The other problem is that's just to get the notice. Then you've got to get the court date you know and fifty five thousand I think I was on a webinar I think Paul Shamplina mentioned 55,000 backlog of cases which is just extraordinary. And you know the problem is that's landlord money that's being lost you know and it's going to be very hard for them to get that. But what it is, this is real problem is those landlords sorry those tenants are going to have their credit wrong because now for instance we're going for things like CCJs (County Court Judgment) you know so we're not letting people get away with it. Now we are doing things like mediation a few things like that to try and help them as much as we can but if it gets the point where they owe money or you know our landlords for go money or they owe a lot of money well then you know we're doing we're going down the the money claim online. It's there you know it's a function and you know they need to sort it and we'll talk a bit more about that.

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Because one of the key things I mean Robert Jenrick the Housing Commissioner. You know total arrogance towards landlords. He you know he was on there saying oh and but we're you know for the for the worst of people the anti-social behaviour we've you know made that, well try and get anti-social behaviour to go through you know you have to have a conviction, you have to have evidence you have to have all this sort of stuff and you've got to be able to get into the court you know well the courts they're well backed up and behind you know and there doesn't seem to be any plan in place.

So it's almost like the government has said you know what we're just going to let the landlords foot this bill um you know that can be on them you know we'll when we'll win the the the politics by saying oh look we're looking after the tenants and no tenant will be evicted over over winter and you know i'm all for that but landlords should not be paying for that the government should be paying for that.

I mean you know if they're going to do that that is their function you know when the when the **it hits the fan excuse the French you know that's where they should be stepping in you know they are best suited to do that not individual landlords and that's what's frustrating about this whole process.

Video Transcription

Let's talk about the eviction ban so the eviction ban is being lifted i think it's this Sunday, it gets lifted by the key here so it's 20th of September. The key here really is that the existing cases so if you had an existing case of getting rid of somebody or a victim that has been stayed. So unless you take action, all right and fill out I can't remember what name is 6a, don't hold me to that whatever the form is. Part of that form is you've got to say are you aware of what's happened with your tenant, you know have they been affected by coronavirus? so how do you do that? well, you know hopefully you've had a conversation with them. Hopefully you've emailed them to say you know whatever you know they're behind in the rent, any social behaviour there whatever okay and if you do that that's enough. Because actually under the mandatory grounds because understand in evicting people there is mandatory rounds and there's a discretionary grounds. Mandatory grounds it doesn't matter they still it's mandatory so they'll get evicted. Discretionary it's at discretion, now I think the problem is the courts are going to be totally overwhelmed. Part of it is this the ban has been for six months now. They've added six months notice on there, so new cases now have six months notice added to it which means if you as of Monday say you're out. You know and begin the process even through a section 21 or whatever it's likely to take you six months. The other problem is that's just to get the notice. Then you've got to get the court date you know and fifty five thousand I think I was on a webinar I think Paul Shamplina mentioned 55,000 backlog of cases which is just extraordinary. And you know the problem is that's landlord money that's being lost you know and it's going to be very hard for them to get that. But what it is, this is real problem is those landlords sorry those tenants are going to have their credit wrong because now for instance we're going for things like CCJs (County Court Judgment) you know so we're not letting people get away with it. Now we are doing things like mediation a few things like that to try and help them as much as we can but if it gets the point where they owe money or you know our landlords for go money or they owe a lot of money well then you know we're doing we're going down the the money claim online. It's there you know it's a function and you know they need to sort it and we'll talk a bit more about that. Because one of the key things I mean Robert Jenrick the Housing Commissioner. You know total arrogance towards landlords. He you know he was on there saying oh and but we're you know for the for the worst of people the anti-social behaviour we've you know made that, well try and get anti-social behaviour to go through you know you have to have a conviction, you have to have evidence you have to have all this sort of stuff and you've got to be able to get into the court you know well the courts they're well backed up and behind you know and there doesn't seem to be any plan in place. So it's almost like the government has said you know what we're just going to let the landlords foot this bill um you know that can be on them you know we'll when we'll win the the the politics by saying oh look we're looking after the tenants and no tenant will be evicted over over winter and you know i'm all for that but landlords should not be paying for that the government should be paying for that. I mean you know if they're going to do that that is their function you know when the when the **it hits the fan excuse the French you know that's where they should be stepping in you know they are best suited to do that not individual landlords and that's what's frustrating about this whole process.


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