Temporary Increase In The Notice Period For Eviction From Residential And Business Properties To Be Extended
Residential Tenancies
The Welsh Government has announced that the eviction Notice period for all tenancies has been extended by a further 6 months to 31st March 2021. However, where the reason for giving Notice relates to possession grounds relating to anti-social behaviour or domestic violence, Notice periods will revert to the pre-Covid position which is 3 months. These arrangements will be reviewed in December.
If Eviction proceedings have already started and a Notice of Seeking Possession has been served between 27 March and 23 July 2020, a Tenant will have 3 months before their landlord can seek to evict them. Any eviction Notice issued on or after 24 July 2020 will give 6 months before a Landlord can seek to evict a Tenant.
The extension adds additional protection to renters as eviction proceedings will not take place for properties in areas affected by local lockdowns and there will be a pause on eviction proceedings over the Christmas period.
The extension is part of a wider package of Welsh Government funded measures to protect both tenants and landlords from the effects of the pandemic which include;
- a new low interest loan for Tenants in rent arrears or struggling to pay their rent arrears because of Covid-19. The Tenancy Saver Loan will be paid directly to Landlords or agents and can be repaid over a period of up to five years at a rate of 1% APR. Applications for this opened at the end of September and will apply to tenants whose rent arrears have accumulated due to Covid-19.
- the setting up of a private rented sector advice helpline run by Citizen Advice Cymru for Tenants struggling with rent, income or housing benefits. For more information visit: https://www.citizensadvice.org.uk/wales/about-us/contact-us/contact-us/contact-us/
Housing and Local Government Minister Julie James said that “whilst these measures are to offer protection to Tenants, they are not an excuse for people not to pay their rent if they are able to, and address any financial problems they are experiencing. Having an early conversation with Landlords to work out a way forward is vital, as is getting the right debt advice”.
For more information visit: https://gov.wales/eviction-during-coronavirus-pandemic
Business Tenancies
A separate announcement has recently been made in relation to business tenancies. The moratorium against forfeiture for the non-payment of rent, which was due to end on 30 September 2020, will now run up to and include 31 December 2020 in a bid to prevent unreasonable evictions, help protect jobs and safeguard businesses which were trading before the pandemic. Although rent due should be paid whenever possible, this measure will ensure no business is forced out of its premises if it misses a payment in the six months up to the end of the year.
https://www.gov.uk/government/publications/code-of-practice-for-the-commercial-property-sector
Here at Agri Advisor we would advise that as a Business or Residential Tenant you should contact your Landlord immediately if you are in rent arrears or are not able to pay your rent. Equally, if you are a Landlord who would like advice or guidance on your options to evict a Tenant, please call one of our offices.