Coronavirus (COVID-19) and housing

Temporary measures to protect tenants were put in place during the coronavirus pandemic.

These included:

• a stay on possession proceedings between 27 March and 20 September 2020

• a stay on evictions between 17 November 2020 and 31 May 2021

• extended notice periods between 26 March 2020 and 30 September 2021

These measures have now ended.

The government retained the power to require landlords to serve longer notices up to 25 March 2022.[1]

Previous government guidance for tenants stated that tenants should make bailiffs aware if anyone living in the property had tested positive or had any of the main symptoms of COVID-19. It advised tenants to use the contact details on the N54 form to notify the bailiffs.

This advice was removed from the guidance on 5 October 2022.

A tenant might be able to apply to suspend or delay enforcement of a possession warrant. Whether they can do this can depend on the tenancy type and ground for possession.

Notice periods for most types of tenancy were temporarily extended between 26 March and 30 September 2021.

The relevant period specified in the Coronavirus Act during which landlords can be required to serve a longer notice has been extended to 25 March 2022.[2] This means the government can choose to reintroduce longer notice periods at any time before that date.

The following tenants had the right to extended notices:

• assured shorthold (including starter tenancies)

• assured

• secure

• local authority flexible

• local authority introductory

• demoted

• regulated (protected)

The minimum notice periods were:[3]

Four months for notices served between 1 June 2021 and 30 September 2021.

Six months for notices served between 29 August 2020 and 31 May 2021.

Three months for notices served between 26 March 2020 and 28 August 2020.

Exceptions

Landlords could serve shorter notices if the reason for possession related to:

• rent arrears

• failing a right to rent check

• tenant’s conduct, including anti-social behaviour and domestic violence

The rules varied depending on the tenancy type. For detailed information on the exceptions for each tenancy type see the section Notices in possession proceedings.

Use the tenancy status checker if you are not sure what type of tenancy the occupier has.

The Guidance for landlords, tenants and local authorities contains a table summarising the minimum notice requirements for each tenancy.

Shared owners 

The government guidance for landlords and tenants confirms that most shared owners were protected by the Coronavirus Act 2020.

Occupiers who were not covered

The following occupiers did not have the rights to an extended notice:

• tenants whose tenancy types are not listed above

• occupiers with basic protection

• excluded occupiers

Regulations provided that evictions were paused between 17 November 2020 and 31 May 2021.[4]

Between 17 November 2020 and 31 May 2021, unless one or more of the exceptions listed below applied, it was not possible to:

• execute a warrant or writ of eviction

• deliver a notice of eviction

Due to the requirement to give 14 days notice of eviction, most evictions could not take place until after 14 June 2021.

The pause on evictions was originally announced on 5 November 2020.

Enforcement of possession orders on rent arrears grounds after 11 Jan 2021

Eviction of secure, assured or regulated tenants could go ahead between 11 January 2021 and 31 May 2021 if both of the following criteria applied:[5]

• the notice, warrant or writ related wholly or partly to a possession order made on the grounds of rent arrears

• at the time when the warrant was applied for rent arrears were equal or greater than six months' worth of rent

For the purpose of calculating the amount of rent arrears, any amount accrued prior to the application for a warrant was included.[6] A person relying on this exception should state the amount of arrears in the application for a warrant.

Enforcement of possession orders on rent arrears grounds until 11 Jan 2021

Eviction of secure, assured or regulated tenants could go ahead between 11 January 2021 and 31 May 2021 if both of the following criteria applied:[7]

• the notice, warrant or writ related wholly or partly to a possession order made on the grounds of rent arrears

• at the time when the possession order was granted rent arrears were equal or greater than nine months’ worth of rent

For the purpose of calculating the amount of rent arrears, any amount accrued after 23 March 2020 is disregarded.[8]

Enforcement of possession orders made under the section 21 procedure

Possession orders made under the section 21 procedure for assured shorthold tenancies were subject to the pause on evictions even if there were rent arrears at the time the possession order was made, or if arrears accrued since.

The High Court held that a landlord could not rely on the exception for substantial rent arrears in a case where the possession order was made under section 21 and a money judgment was granted for arrears at the same time. At the point of the claimant's application for a declaration from the court that the exception applied to the case, the arrears stood in excess of 21 months' rent. The claimant had made an application to amend the claim to include grounds 8, 10 and 11 (rent arrears), but no decision was made on the application by the district judge during the possession hearing, as section 21 was made out.[9]

Further exceptions for assured tenancies

Eviction could go ahead if the notice writ or warrant related wholly or partly to an order for possession of an assured tenancy made on the grounds of:[10]

• anti-social behaviour

• nuisance or annoyance, illegal or immoral use of the property

• domestic violence

• obtaining the tenancy by false statement

• death of an assured tenant

Where a writ or warrant was executed on the ground of the assured tenant’s death, the person executing it must take reasonable steps to ensure the property is unoccupied.[11]

Further exceptions for secure tenancies

Evictions could go ahead if the notice, writ or warrant related wholly or partly to an order for possession against a secure tenant made on the grounds of:[12]

• anti-social behaviour

• nuisance or annoyance, illegal or immoral use of the property

• domestic violence

• obtaining the tenancy by false statement

Further exception for regulated (protected) tenants

Eviction could go ahead if the notice, writ or warrant related wholly or partly to an order for possession made against a regulated (protected) tenant on the grounds of nuisance and annoyance.[13]

Exception: trespassers

Evictions could go ahead if the writ or warrant related to an order for possession made against a trespasser pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998 applies.[14]

See Guidance on understanding the possession action process for more information.

Between 27 March 2020 and 20 September 2020 possession proceedings were suspended to protect tenants and homeowners from the impact of the coronavirus pandemic.

On 21 August 2020, the government announced that the stay to possession proceedings under Part 55 would continue until 20 September 2020. On 22 August 2020, rule 55.29 of the Civil Procedure Rules was amended to provide for possession proceedings that started on or before 19 September 2020 to be stayed until 20 September.[15]

Initially, the stay applied from 27 March 2020 until 25 June 2020, and was later extended until 23 August 2020.[16]

The stay applied to:

• applications to enforce a possession order by a warrant or a writ

• the requirement for the courts to give notices to the parties

• time limits for the purpose of any rule

The Court of Appeal has ruled that the stay:[17]

• was lawful and justified by the exceptional circumstances of the COVID-19 pandemic

• was unconditional and imposed to protect public health and the administration of justice, so normal case management reasons would not be sufficient to lift it in an individual case

• applied to appeals up to a final judgment in the Court of Appeal[18]

• applied when the original proceedings were not possession-related but later became Part 55 proceedings, for example where a tenant applied for a declaration under Part 7 and the landlord counterclaimed for possession or where in the course of the original proceedings the parties agreed that an order for possession should be made[19]

In a case involving a long running appeal, the stay was lifted using the court's powers in Civil Procedure Rule 3.1 to hand down judgment. The order for possession was stayed until the general stay is lifted.[20] The court did not lift the stay in another case where the appeal hearing had not taken place before the stay was imposed.[21] The court commented that the appeal hearing would not have taken place during the period of the stay if the Court of Appeal ruling in Arkin v Marshall had been available at the time.

The stay did not apply to:

• claims outside of Part 55, for example claims for an order for sale

• claims for injunctions (injunctive relief)[22]

• claims against trespassers to which rule 55.6 CPR applies

• applications for interim possession orders against squatters

• applications for case management directions where the parties are in agreement

The suspension of housing possession claims protected all tenants and contractual licensees with basic protection, but did not apply to excluded occupiers, including lodgers and those in interim accommodation awaiting a decision on their homeless application, because they are excluded from the right to a court order.

Homeowners had additional protection until 1 April 2021 under FCA guidance. The stay on possession to 31 May 2021 applied to mortgage possession.

Between 30 March 2020 and 30 September 2022 landlords could accept scanned copies or photographs of the original documents sent via email or a mobile app and arrange to check the prospective tenant's identity via a video call. This was a temporary measure brought in during the coronavirus pandemic. Guidance states that landlords do not need to carry out retrospective checks on people checked in this way between 30 March 2020 and 30 September 2022.

The updated guidance for accommodation providers advises how to run a business and adhere to the current coronavirus-related safety measures.

The ministerial letter dated 4 November 2020 confirmed that during the national lockdown, caravan and park home sites were to remain open for those using them as their main residence.

See Mobile home occupiers for information about the rights of mobile home owners and renters.

Gypsy and Traveller communities 

On 10 November 2020, the Communities Minister wrote to local authority chief executives to highlight the fact that local interventions and support for the Gypsy and Traveller communities may be necessary again, due to some members of these communities being particularly vulnerable to Covid-19. The first letter was published on 30 April 2020.

People living in shared accommodation are directed to the Coronavirus: how to stay safe and help prevent the spread guidance. There is additional guidance in place for occupiers with confirmed or suspected coronavirus infection.

Between 10 March 2021 and 30 July 2021 the guidance for people living in shared or overcrowded accommodation applied.

Local authorities were temporarily given powers to suspend a number of duties under the Care Act 2014 during the coronavirus pandemic. These included duties to carry out and review care and support plans, and meet eligible care needs.[23] These powers were removed from 16 July 2021.[24]

Care funded by direct payments

The government has issued guidance aimed at local authorities and those who fund their care via direct payments. The guidance emphasises the need for contingency plans where care assistants are unable to provide care and for considering requests to pay close family members to provide care if deemed necessary.

Practice Direction 55C set out a new court process originally in force from 20 September 2020 until November 2021. This was called the interim period.[25]

Claimants who started a claim for possession had to follow different rules depending on when their claim started.

Claimants include:

• landlords

• licensors

• mortgage lenders

After 30 November 2021, Practice Direction 55C continued to apply to claims brought before 1 December 2021.[26]

The requirement to serve a notice setting out the claimant's knowledge of the effects of the pandemic on the defendant and their dependants continued until 30 June 2022.[27]

This requirement applied to new and stayed claims brought on or after 3 August 2021, including claims brought after 30 November 2021.

Overall Arrangements

From 17 September 2020 to 31 October 2021, the Overall Arrangements for Possession Proceedings instructed courts to schedule review dates followed by substantive hearings. It provided a system of prioritising certain cases, including extreme rent arrears.

The Overall Arrangements were withdrawn on 1 November 2021.

Where a claim was started on or after 3 August 2020, the claimant had to:[28]

• bring to the hearing two copies of a notice that sets out what they knew about the effect of the Covid-19 pandemic on the defendant and their dependants

• serve on the defendant a copy of the notice no less than 14 days before the hearing

If the claimant was a social landlord, they also had to bring to the hearing two copies of a notice setting out how they complied with the Pre-Action Protocol for Possession Claims by Social Landlords and serve a copy of this notice on the defendant.

The notice requirement applied to new and stayed claims until 30 June 2022. This included claims brought after 30 November 2021. [29]

These rules applied to possession claims:

• brought before 3 August 2020

• where no possession order was made before 27 March 2020.

In order to reactivate a claim, the claimant had to serve a reactivation notice on the court confirming that they wished the case to be listed, relisted, heard or referred to a judge.[30]

The deadline for serving reactivation notices expired on 30 April 2021.[31]

If a claimant missed the deadlines for serving a reactivation notice, the claim was stayed. The claimant has to apply and pay a fee to have the stay lifted.

Landlords who obtained a possession order or a warrant of possession before 27 March 2020 do not need to use a reactivation notice.

Court forms are available on gov.uk.

Reactivation notices

Unless proceedings relate to an appeal, the reactivation notice had to:

• set out what the claimant knows about the effect of the Covid-19 pandemic on the defendant and their dependants

• be accompanied by an updated rent account for the previous two years if the claim is based on rent arrears

The reactivation notice had to be served:

• if a trial date was set, no less than 42 days before the hearing, or[32]

• in any case, before 4pm on 30 April 2021[33]

Rules for reactivating claims where case management directions made

Where case management directions were made before 20 September 2020, in addition to the reactivation notice, the claimant had to file with the court and serve on the defendant:[34]

• a copy of the last directions order together with new dates for compliance with the directions taking account of the stay before 20 September 2020

• either a draft order setting out additional or alternative directions (including proposing a new hearing date) which are required; or a statement in writing that no new directions are required and that an existing hearing date can be met

• a statement in writing as to whether the case is suitable for hearing by video or audio link

A defendant who disagreed with any of the above matters had 14 days from the service of the reactivation notice to file and serve their response.[35]

If the claimant did not comply with all the requirements before 4pm on 30 April 2021, the claim was stayed.[36]

Accelerated possession procedure for section 21 notices allows the landlord to obtain possession order without a hearing. Where an accelerated claim was brought on or after 3 August 2020, the landlord had to file a notice setting out what knowledge they had about the effect of the coronavirus pandemic on the tenant and their dependants. This included claims brought after 30 November 2021.[37]

This requirement applied until 30 June 2022.

If the tenant disputed the landlord’s evidence, the court could decide to hold a hearing.

Where a hearing was listed or relisted as a result of the reactivation notice, the parties should receive at least 21 days’ notice of the court hearing.[38]

The standard eight weeks’ period between issuing the claim and the hearing date did not apply:[39]

• between 23 August 2020 and 30 November 2021

• after 30 November 2021 if a claim was brought before 1 December 2021

The Overall Arrangements required courts to list review dates followed by substantive hearings. The Overall Arrangements were withdrawn on 1 November 2021.

Some courts may continue to schedule review dates after 1 November 2021.

If a review has been scheduled, the court sends a letter to the defendant explaining how to get in touch on the day. It includes details of how to contact the duty adviser.

The claimant is required to provide the court with an electronic bundle (with a paper bundle allowed as an alternative) and to confirm to the court that a paper bundle has been provided to the defendant (with an electronic copy in addition where the defendant is able to receive that). This must be done at least 14 days before the review date.[40]

If the case is not resolved at the review hearing, the judge will consider the bundle of documents provided by the claimant and the court file.

If the claimant’s documents are in order, the case will proceed to a substantive hearing 28 days later. If the claimant’s documents are not in order the court can be expected to dismiss the claim (with liberty to the claimant to apply for reconsideration at an oral hearing) or they could adjourn, with or without directions.[41]

Agreement at the review appointment

The case could be resolved by agreement at the review appointment. The defendant should not agree to give up possession unless they have had legal advice.

The Overall Arrangements state that, to ensure that compromise is not deterred, local authorities will be expected to take the approach that signing a consent order or agreeing an order for possession, in itself, does not mean that a tenant or borrower should be found intentionally homeless.[42] Defendants should not rely on this guidance. Legal advice is available from the court duty adviser on the review date. The court will provide details of how to contact the adviser.[43]

Non-means tested advice and assistance was available at the review appointment (if there was one), and the substantive hearing.

Duty scheme advice was offered flexibly, including by phone, video or in person. In person advice may be offered either at the court or in another location. Each court will have its own arrangements.

On 1 February 2021 the Rental Mediation Service pilot for landlords and tenants in possession cases was launched. The service was made available at the review hearing stage.

On 13 October 2021 the government guidance on the Rental Mediation Service was withdrawn and the relevant guidance on the possession process was amended to reflect the end of the Rental Mediation Service pilot.

The current version of the Covid-19 and renting guidance offers general information about mediation as an option during possession proceedings and how to access mediation services.

It is advisable to seek independent advice before entering into an agreement. Mediation agreements can be enforced in the courts if they are broken.