The announcement, which is likely to be followed by other county courts handling Section 8 evictions, is ahead of the government’s promised emergency laws.

Blackpool’s County Court is the first in the UK to suspend all Section 8 evictions despite the fact that the government has yet to introduce its emergency legislation.

In a statement released today, the county court says all new eviction proceedings at the court will now be adjourned until the beginning of June. It is believed that many more county courts will now follow suit, effectively bringing any new eviction processes to a standstill in England within a few days.

“Landlords now have to busy themselves with ongoing cases but there will be many adjournments and this was the first that came through yesterday from Blackpool County Court on a section 8 case,” says Paul Shamplina of Landlord Action.

- Advertisement -

“If landlords are experiencing adjournments, they need to provide the court order to their lender so that they can ask or their mortgage payments to be suspended.

“We are still awaiting the government’s decision as to when possession claims have to be stopped at court for a three-month period.

“But it wouldn’t surprise me if the courts soon shut down for a period of time.  We are unknown territory. Our advice line at Landlord Action has been very busy advising concerned landlords.”

The full text of the Blackpool County Court statement

UPON IT BEING RECORDED that:

(i) There is a public health emergency caused by the Covid 19 pandemic and that it is likely to have economic consequences on the continued occupation of residential dwellings by those who have not or cannot meet the charges associated with occupation;

(ii) That the declared intention of the Government is to pass emergency legislation to prevent evictions of those who rent residential property during the pandemic;

(iii) That the Government has invited lenders to support borrowers by way of mortgage holidays’ in respect of mortgages secured on residential properties;

(iv) That enforcement of any possession orders is unlikely to be in the interests of justice at this stage WITHOUT A HEARING IT IS ORDERED that:

1. The hearing of possession proceedings listed for 1st April 2020 is vacated.

2. The proceedings will be re-listed on the first open date after 19th June 2020, unless by no later than 4pm on 12th June 2020, the court makes a further order.

3. The court having made this Order without a hearing, the parties’ attention is drawn to the right to apply to have it set aside or varied. Any such application must be made formally by application notice (Form N244, fee payable) within 7 days of the date of service of this Order.

4. Any application made pursuant to paragraph 3 above will be listed for hearing by telephone as urgent business not earlier than the third day and not later than the seventh day after the application is received by the court.

Subscribe to LandlordZONE

4 COMMENTS

  1. Dear Nigel,
    I have read your article with interest and I asked my self what the landlord should do about the mortgage payments if he can not get the money from the tenant and this virus situation goes on for many months?
    Please advice.

  2. They’ve opened the flood gates, now, for tenants not to pay their rent, whether or not, they could afford to. Some will just sit back and not pay their rent for three months, knowing they can’t be evicted. Would they let someone live in their house, for free, and pay the mortgage? I couldn’t live there for free so why should they? It’s a business after all. Apart from the mortgage I would still have to pay maintenance charges and, if necessary repairs.

  3. On Friday morning (20/3/20) Sheffield County Court bailiffs announced indefinite postponement of all bailiff action, including evictions. This is not just “new” evictions, it is also enforcement of existing eviction proceedings, i.e. those already at bailiff stage.

  4. For me its not just about the loss of money, but I have an HMO where 2 tenants have zero respect for anyone, so are out each night dealing drugs or completely wasted all day within a property that they have trashed. The other tenants cant afford to move out, but are being forced to live in a slum state as I can’t enter the property as already been threatened – but Police and Courts are doing nothing. When you haven’t had any rent all year and your property is being trashed, its not great to hear that this will continue now until end of August, but chances are, that with any false claims at the eviction, I could be put back on hold for many months. I just feel so sadden for the good tenants that I have who the Courts have forgotten about.

LEAVE A REPLY

Please enter your comment!
Please enter your name here