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To protect against Coronavirus (COVID-19) transmission, the government has changed the law to ensure bailiffs do not to enforce evictions in England over the period of national restrictions, which are in force until the beginning of the day on 2 December, and, following the lifting of these restrictions, there will be no bailiff enforcement throughout December, and over Christmas, until 11 January 2021. For anyone who has reported persistent anti-social behaviour to any of the main responsible agencies (such as the council, police, housing provider), they have the right to request a formal case review, also known as the Community Trigger, where a locally defined threshold is met. Moves into HMOs are not prohibited. For example in tier 1, the rule of 6 applies so residents can mix in groups of 6 while practicing social distancing. New guidance for landlords and tenants on the possession action process through the courts has been published. Mechanical ventilation can be improved by adjusting systems to provide more outdoor air and recirculating less air. There is a growing issue of tenants subletting their rental properties on websites like Airbnb, with some renters inappropriately using it to profit from their landlord’s asset. Possession proceedings can be started quickly, but it’s important to follow the correct legal process. The government has issued guidance on how to minimise the risks of spreading the coronavirus when doing so. After the national restrictions have been lifted, home moves can take place across all tiers provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation. Further information about the operation of the exemptions is provided in our guidance on the possession action process for landlords. If tenants share essential communal space, they should follow the guidance for households with possible coronavirus (COVID-19) infection. Subletting happens when an existing tenant lets all or part of their home to someone else who is known as a subtenant. Tenants who are challenging a possession claim also have the opportunity to inform the court of how they have been impacted by the pandemic. This means that no eviction notices are to be served until 11 January at the earliest and, given the 14 day notice period required, no evictions are expected to be enforced until 25 January 2021 at the earliest. If the tenancy started after 28th February 1997 and rent is paid directly to a private landlord (and no accommodation is shared with the landlord), the tenancy is likely to be an assured shorthold one. A mediator is an impartial person who helps both sides work out an agreement. A renter who occupies an apartment using a Section 8 voucher must have the lease in his name. These serious cases include those in relation to anti-social behaviour (including rioting), domestic abuse, false statement and where a tenant has accrued rent arrears to the value of over 6 months’ rent. To control which cookies are set, click Settings. Relevant social distancing and cleaning protocols should be put in place to ensure residents using the facilities can do so in a Covid-19 secure way and in compliance with restrictions on gatherings, with procedures in between use for deep cleaning where necessary. The government’s guidance on the Tenant Fees Act contains more information on this. The Coronavirus Act 2020 requires landlords to provide an extended period of notice before bringing court action for possession of a property in the private and social rented sectors in almost all circumstances. If a tenant is subletting without consent, it’s likely they will have broken terms in their tenancy agreement. These pages provide information and advice on housing issues if you are thinking about subletting your home and what could happen if you don't go about it in the right way. Nobody can be removed from their home because of COVID-19. Use a dishwasher to clean and dry your crockery and cutlery. If you have an enquiry or you would like to find out more about our services, why not contact us? If the tenant does not leave possession proceedings begin to obtain a Judgment Order. People who are self-isolating, symptomatic or have tested positive for COVID-19 should not attend communal areas at the same time as others and these areas should be cleaned after use. In some cases, this means that proceedings for anti-social behaviour can be brought immediately after notice has been served. It is in the best interests of both tenants and landlords to ensure that properties are kept in good repair and free from hazards. Any relevant local advice should also be followed. You can (if the tenancy agreement prohibits sub-letting) apply to the court for forfeiture so long as you have not accepted or demanded rent since you had notice of the subletting. Local authorities and other enforcement agencies are aware of guidance for people working in other people’s homes and how this will affect landlords complying with gas and electrical safety requirements. If you are eligible for Legal Aid, you can also contact Civil Legal Advice for free and confidential advice. It leaves the tenant and landlord, rather than a court, in charge of the outcome. Landlords should take account of government guidance on working safely in people’s homes when resuming repair and maintenance services in properties occupied by tenants. Repairs, maintenance and health and safety. Landlords and/or managing agents may wish to close or restrict use of non-essential indoor communal space where it would not be possible to maintain social distancing (e.g. As part of our national effort to respond to COVID-19 it is vital that local authorities, landlords and tenants continue to work together to keep rented properties safe. Tenants’ safety should be the priority of letting agents and landlords. Clinically extremely vulnerable people can permit landlords and contractors to carry out routine repairs and inspections, providing that the latest guidance on staying alert and safe (social distancing) is followed. Landlords are legally required to provide tenants with all necessary gas and electrical safety and any other relevant certification at the beginning of a tenancy (and carry out all scheduled inspections and tests where required). A “section 8 notice”, also known as an ‘Eviction Notice’, is used to terminate an Assured Shorthold Tenancy Agreement during the fixed period when a tenant has breached the agreement (e.g fallen into rent arrears). This site is protected by reCAPTCHA and the Google If you’re living in accommodation provided by the local authority, you are an employee of the council, and your contract of employment requires you to live in the accommodation for the better performance of your duties, your tenancy is a non-secure tenancy under the Housing Act 1985. From 21 September 2020, the courts will now consider possession cases again. Tenants should also consider speaking to a free, impartial advice service, such as Citizens Advice. The closed business can open to provide takeaway between 05.00 and 23.00. Tenants must continue to provide notice as required in their tenancy agreement if they need to leave their tenancy. If tenants have already attempted to resolve instances of anti-social behaviour or feel uncomfortable resolving the matter, they should contact their landlord, the local authority and the police to report anti-social behaviour. apply. If your property is being viewed, you should open all the internal doors prior to the viewing to improve ventilation and allow access to handwashing facilities and ideally separate towels/paper towels to avoid potential spread of the virus. This will ensure that struggling households are not forced from their homes over the Christmas period. Where a home move proceeds, they should be conducted in line the guidance on moving home during the coronavirus (COVID-19) period in England. Landlords should initially seek to discuss the issue constructively with their tenants to resolve the matter. House viewings can still proceed throughout the country under the national restrictions, which are in force in England until the beginning of the day on 2 December, provided these are undertaken in line with public health advice and the relevant coronavirus (COVID-19) legislation. Mediation allows an independent third-party to assist those involved to try to reach a mutually acceptable agreement to resolve their dispute, without the matter needing to go to court (see Section 1.23-1.26). Tenants will remain liable for rent until the fixed-term agreement has ended or, in the case of a statutory periodic tenancy, until the required notice period under the tenancy agreement has expired. Find more information about Universal Credit. All the occupants of the home should behave in the same way as a single household if one or more occupants have symptoms of coronavirus (COVID-19). If any member of either the household being viewed, or the household undertaking a viewing is showing symptoms of COVID-19 or is self-isolating, then an in-person viewing should be delayed. Extremely clinically vulnerable individuals will need to carefully consider their personal situation and the circumstances of their home move and may wish to seek medical advice before deciding whether to commit or go ahead with a move. The section 8 notice will state the grounds for notice being : (1) in breach of the tenancy agreement by subletting the property; (2) creating a nuisance through the use of violence or threats of violence and intimidation (even though it is against a subtenant) (3) providing false information when taking up the tenancy (4) money laundering. If anyone is at risk of homelessness, their local authority has a duty to work with them to help prevent them becoming homeless. Physical health in their tenancy agreement on cleaning homes to minimise the risks spreading. 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