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Government’s plan for rent protection after eviction ban at risk of being just ‘words on a page’, says Shelter
Government plans to provide renters with additional protection after the eviction ban is lifted at the end of June is at risk of doing little to protect renters and could become merely “words on a page”, the boss of Shelter has said.
Responding to the housing secretary Robert Jenrick’s announcement last week that the government was working on policies that would ensure thousands were not evicte from their homes when the ban is lifted, Polly Neate, chief executive of housing charity Shelter, said it was at risk of becoming a blunt instrument.
She said: “The government’s proposed ‘pre-action protocol’ is at risk of being nothing more than words on a page, which will do little to protect private renters from losing their homes once the evictions ban is lifted.”
Mr Jenrick announced on Monday that tenants with rent arrears will not be immediately forced from their homes after the coronavirus eviction ban is lifted, by installing a pre-action protocol on all possession proceedings.
The “pre-action protocol” would put a duty on the landlord to “act in good faith” and investigate other solutions to overcome rent arrear issues before eviction proceedings begin.
However, Ms Neate said that currently the court has no choice but to evict tenants being evicted via section 21 “no fault” eviction or because they fallen into rent arrears, and without tougher measures this would still be the case.
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She said: “If the government truly wants to protect renters from eviction because of coronavirus, they need to give courts the power to consider how private tenants are being impacted during this time, and make sure landlords take all the reasonable steps they can before resorting to eviction.
“Without this legislation, we can expect a spike in evictions and homelessness.”
Shelter has previously estimated 1.7m private renters will lose their jobs as a result of the pandemic.
Mr Jenrick said last week that a similar mechanism to the pre-action protocol was used following the 2008 financial crisis. He said that these protocols had worked “quite well” in helping many people stay in their homes.
Several other housing groups such as the National Housing Federation, Chartered Institute of Housing and Local Government Association have welcomed the moves being made by the government to help protect tenants once the eviction ban is lifted.
CIH director of policy James Prestwich: “Responsible landlords, particularly those in the social sector, are already adopting a common-sense approach to arrears recovery, which involves a degree of forbearance and working closely with residents to agree sensible repayment plans.”
Cllr David Renard, LGA housing spokesman, said: “The measures to protect tenants from eviction have helped to reduce the risk of homelessness and we look forward to seeing how these can be continued so tenants don’t face immediate eviction once the suspension ends.
“Councils are ready to offer advice and support to tenants who are concerned about their ability to pay their rent, and will be working with their tenants to put in place suitable and affordable repayment plans where necessary.”
Will Jeffwitz, Head of Policy at the National Housing Federation, said: "No one should be evicted because of the coronavirus. We welcome the government’s announcement that it will provide added protection for renters when the eviction bans ends; this is an important step in preventing increased homelessness and will be invaluable for private renters.”
An MHCLG spokesperson said: “The government has provided an unprecedented package of support for renters during this pandemic.
"Emergency legislation is now in place so that no renter can be forced out of their home during this difficult time – landlords cannot evict for at least three months. We will keep this under review and can extend if necessary.
“We have committed to work with the Master of the Rolls to develop a Pre-Action Protocol for claims for possession due to rent arrears by private landlords, as is already in place for landlords in the social sector.
“Together with the Ministry of Justice and the judiciary we are looking at the role a protocol could play and this work will be guided by what will deliver the best results for landlords and tenants.”
