Courts suspend all possession hearings – putting a pause on evictions

It follows Monday’s publication of a bill that prevents evictions, it revealed that the government would simply extend the notice period from two months to three for the majority of tenants.

But this new law did not protect tenants upon whom notice had already been served, with housing charity Shelter warning that around 20,000 cases were due to go through the system.

The new ruling will halt these cases, effectively meaning evictions cannot legally go ahead until the process begins moving again.

It came as the housing market in England was effectively suspended, with the government seeking a halt on all buying and selling of property.

In its statement last night, MHCLG said: “From tomorrow (27 March 2020), following a decision by the master of the rolls with the lord chancellors agreement, the court service will suspend all ongoing housing possession action – this means that neither cases currently in the or any about to go in the system can progress to the stage where someone could be evicted. This suspension of housing possessions action will initially last for 90 days, but this can be extended if needed.”

The new protection will effectively cover:

• Mortgage possession claims against homeowners
• All tenancies in the private and social sector including ‘non-secure’ tenancies used by councils for temporary accommodation
• Some less formal renters, including property guardians, those in temporary accommodation under a ‘licence agreement’ and some employment accommodation

In a blog summarising the move, Giles Peaker, a partner at Anthony Gold solicitors, wrote: “This is big. It goes well beyond the government’s limited extension of the required notice period for some types of tenancy.”

He added: "Let us be clear, this is effectively an administrative decision by the senior judiciary. It is just a suspension, for a period of time. Everything will restart, in the same position (and possibly a worse position) as soon as the suspension is lifted.

“But (needing detail aside, and this is an MHCLG press release, not from the master of the rolls, after all), this sounds like the immediate relief and temporary protection that was so badly needed, and which the government had not delivered, despite ‘misleading statements’ to the contrary.”

Reacting to the news, Shelter, which had criticised the previous position, said: “[Housing secretary] Robert Jenrick should take a lot of credit for having listened and taken further action – as a result many thousands of people can now stay safe in their home.

“Now that we know courts will not take forward any evictions, it is crucial that renters know that they are protected and that they can stay put. Even if they do receive an eviction notice, they should not feel pressured to leave while this coronavirus crisis is ongoing.”