A Stitch In Time – The Eviction Embargo Extension
There has been a lot of news recently regarding the extended embargo on evictions. The extension of a further 9 months takes us to 25 March 2022. Whilst this is next year and seems far away, it may be wise to try and negotiate with your Tenant/Landlord now and in advance of this new deadline, rather than leaving this to the last minute where opportunities to negotiate may be lost.
Tenants
For Tenants, it’s important to remember that although there is a prohibition on evictions at present, rent remains payable. There is no embargo on paying rent. You are still under a legal obligation to pay your Landlord rent during this period under the terms of your Tenancy Agreement. If some months have proved difficult to meet rent payments and you are in arrears, then we could assist in negotiating with your landlord as to how to make up these arrears and consider any eviction threats or notices. Whilst the new, temporary legislation, means that your Landlord may not be able to evict you now, your Landlord can still get the ball rolling and take legal action if you have breached the terms of your Tenancy Agreement.
Landlords
For Landlords, it is important to remember that it may still be possible to issue proceedings against your Tenant who is occupying commercial premises where there are accrued rent arrears during the current prohibition on evictions. That said, there are ongoing discussions regarding new legislation which may come into effect soon which suggests that instead of going to Court, the Landlords and Tenants would use an Arbitration process to try and resolve their differences over rent arrears but only for this current prohibition period.
It should also be noted that there are still restrictions on the service of Statutory Demands and Winding-up Petitions, implemented through the Corporate Insolvency and Governance Act 2020, which have been extended for a further 3 months.
We consider that now is not the time to rest on one’s laurels and action taken now could mean that a very difficult situation in a matter of months could be avoided.
If you are either a Landlord or a tenant of either residential or commercial premises please do not hesitate to contact our specialist litigation team if you require any assistance.
RLK Solicitors Ltd
0121 450 7800
enquiries@rlksolicitors.com
