Rights of renters and landlords during coronavirus
The Mayor is working to ensure that renters, especially those who are vulnerable and on low-incomes, get the support they need and deserve from the Government, to see them through the coronavirus (COVID-19) pandemic. The Mayor believes no renter should face the threat of eviction or homelessness as a result of the impact of coronavirus.
The Mayor has called on Government to give him powers to implement a two-year rent freeze, effective immediately, to ease the pressure of unaffordable rents on Londoners, and protect them from being forced out of their homes by rent increases. He also wants grants to be provided to allow renters to stay in their homes and clear their arrears, and changes to the welfare system so it better supports all renters to sustain their tenancies.
Government measures
After a number of months of closure, the courts re-opened on 21st September 2020. From 01 June 2021, court bailiffs have been able to resume the enforcement of evictions in non-serious cases. If you are threatened with eviction, you should seek help.
The Government’s measures only apply to renters who have an Assured Shorthold Tenancy (AST) and some who have licences. They exclude lodgers, holiday-lets, hostel accommodation and accommodation for asylum seekers - but you can still seek help from advice agencies and your local council. If you are a lodger, you can still get help to pay your rent – see the Support to help pay your rent section.
Renters facing eviction
During the pandemic, the Government extended the period of notice that a landlord must give you if they want you to leave your home. The rules were changed again from 01 October 2021.
If you were served a section 21 or a section 8 notice between 26 March 2020 and 28 August 2020, the minimum notice period is three months.
If you are served a section 21 notice between 29 August 2020 and 31 May 2021, the minimum notice period is six months. Between 01 June and 30 September 2021, all section 21 notices had a minimum four months’ notice.
Most section 8 notices are for rent arrears. Between 1 August 2021 and 30 September 2021, the minimum amount of notice for rent arrears of less than six months was six months’ notice. For rent arrears of more six months of more was four weeks’ notice.
Between 1 June 2021 and 31 July 2021, the minimum notice for rent arrears of less than 4 months was 4 months’ notice and for rent arrears of four months or more was 4 weeks’ notice.
If you were served a section 21 notice on or after 01 October 2021, the notice period for most renters will be two months.
Your notice period will be shorter, however, in some circumstances – for example, if your landlord’s claim relates to domestic violence, serious anti-social behaviour and rent arrears. If you are served with a section 8 notice on or after 01 October 2021, you can be given two weeks’ notice if you are late with your rent or have rent arrears. Shelter has created a ‘coronavirus notice checker’ to help you understand your notice period.
If your landlord tries to forcibly evict you, this is against the law and you should seek help from the police, your local council or an advice organisation such as Shelter or Citizens Advice.
Support to help pay your rent
It is important that you continue paying rent to your landlord as normal if you are able to do so. If you are facing difficulties paying your rent, you should talk to your landlord or letting agent as soon as possible as they may be able to help you by establishing an affordable repayment plan.
Those with low or no incomes are often entitled to help with covering their rent through the benefits system. In particular, Universal Credit includes an allowance for help with housing costs. You can find more information about Universal Credit, including information on how to apply on the UK government website.
If you are worried about rent arrears, being evicted or if you are having problems claiming benefits to help you cover your rent, you can contact an advice agency that helps people with housing problems. These organisations include Shelter, Citizens Advice and local law centres.
You can also contact your local council for information on reducing your council tax liability and other sources of support.
Rent increases and your rights
You may find yourself in a situation where your landlord wants to increase the rent you pay for your home. Landlords can only do this in specific situations, or if you agree to the proposed increase. You may be able to refuse or challenge a rent increase depending on how your landlord tries to increase it. You can find more information on Shelter's website.
If your landlord tries to forcibly evict you because you don’t agree to a rent increase, this is against the law and you should seek help from the police, your local council or an advice organisation such as Shelter or Citizens Advice.
Landlords must still maintain your home
Renters should let their landlord or letting agent know early if there is a problem with their home so that appropriate action can be taken. More information about property access, dealing with repairs, and other issues to do with houses in multiple occupation, can be found in the Government’s COVID-19 guidance for landlords and tenants.
If there are serious hazards in your home that a landlord has failed to fix, contact your local council. They will be able to support you and take action against your landlord.
Renters can continue to check a landlord or letting agent through the Mayor’s Rogue Landlord Checker and report bad practice from landlords or letting agents by completing a form to report a rogue private landlord or letting agent. Your report must relate to a rental property within London.
Still unsure or need further help?
If you are worried, there are advice agencies who can help. If you are unsure what kind of tenancy you have and whether you will be protected by the extension of notice periods, or need any other help, you should seek independent advice.
Shelter’s housing advice line and Citizens Advice may be able to help. You can also contact your local law centre.
If you are facing homelessness, or have been made homeless, then you should contact your local council’s homelessness team.
You can find your local council’s homelessness team via the UK government website.
Important information for landlords
The mortgage payment holiday for landlords whose tenants are experiencing financial difficulties due to coronavirus (COVID-19) came to an end on 31 March 2021.
The Government has emphasised that if a tenant is having difficulty paying the rent, landlords should take all necessary steps to help them stay safe in their home, by establishing an affordable repayment plan, taking into account the tenants’ individual circumstances.
The Government also extended the period of notice that you must give your tenant if you want them to leave. For notices served between 29 August 2020 and 31 May 2021 inclusive, the minimum notice period is six months. For notices served from 01 June 2021, the minimum notice period has been reduced to four months for most renters, until 30 September 2021. For notices served from 01 October, the minimum notice period has been reduced to two months for most renters.
The notice period will be shorter, however, in some circumstances – for example, if your claim relates to domestic violence in the social sector, serious anti-social behaviour and rent arrears. From 01 October 2021, section 8 notices must give 2 weeks’ notice.
The pause on bailiff-enforcement of evictions came to an end on 31 May 2021. If you try to forcibly evict your tenant, this is against the law and you could face prosecution.
As a landlord you are still responsible for urgent and essential repairs and maintenance in line with legal and contractual obligations. If a tenant is self-isolating due to coronavirus (COVID-19), it is good practice to document this and any attempts made to gain access to the property.
More guidance for landlords, including HMO landlords, can be found on the Government’s website, as well as from the National Residential Landlords Association.
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