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Know your rights as a tenant during Covid-19

With Covid-19 putting incomes at risk across the country, we explain your protections in the face of eviction

Covid-19 lockdown measures are continuing to ease around the UK but protections for renters are still in place as the pandemic continues to disrupt daily lives. 

It remains a precarious and worrying time for many tenants who have seen their incomes slashed since March 2020. Many are still relying on the furlough scheme to make ends meet while others have lost jobs and have been forced to turn to Universal Credit to keep up with their rent.

Existing protections for renters continue to be in place but housing and rent campaigners have warned that uncertainty remains down the road.

There have been repeated calls for renters to be given the means to pay rent arrears they have racked up while protected from eviction. The Housing, Communities and Local Government Committee echoed campaigners in late March, urging the UK Government to spend between £200m and £300m to pay off arrears as part of a “coherent exit plan” for renters. The committee warned this was a cheaper option than picking up the bill for homelessness assistance later.

A group of 20 housing campaigners, think tanks and tenants groups called the Renters’ Reform Coalition is also calling on the UK Government to deliver on its promise to end ‘no fault’ evictions – when a landlord can evict a tenant without giving a reason. The Renters’ Reform Bill was included in the last Queen’s Speech but has since been delayed. The coalition is urging the Government to act, after their poll found as many as 700,000 renters could face eviction once protections are lifted.

Chair of the Renters’ Reform Coalition, Sue James, said: “Private renters face high rents, poor living conditions and perpetual instability. This causes needless disruption to people’s lives: their finances, work, health and their children’s education. Renters need certainty to enable them to put down roots in communities and create real homes in rented properties.”

The current state of play means it is vital to know your rights if you are renting. 

What protections do renters have through the pandemic? 

For all cases except those involving anti-social behaviour, bailiff evictions have been paused in England until May 31 with measures kept under review as Covid-19 protections eases.

Ministers did introduce new measures to reduce the immediate impact of the pandemic on tenants, like the requirement for landlords to give six months’ notice of an eviction. Notice periods must remain at six months until the end of May. .

Housing is a devolved issue, meaning the rules vary between nations. In Scotland, eviction protections run for longer than they do in England. Sheriff Officers will be unable to attend a property to serve notice or carry out an eviction until September 30.

As for Wales, bailiffs in Wales are unable to carry out any evictions until after June 30. In all nations, court proceedings continue and evictions can still happen for the most egregious cases involving anti-social behaviour.

Protections for renters have reduced around the UK throughout the pandemic. The total eviction ban in place in England during the first six months of the pandemic gave way to a ‘winter truce’ preventing families losing their homes over Christmas 2020.

Once these measures expired and England moved into a third national Covid-19 lockdown, further protections for renters were announced, but stopped short of a full eviction ban. 

The worry for housing and homelessness charities and campaigners is now centred on what will happen when eviction protections lift. 

How can I keep my home if I lose income?

First check your redundancy rights and look at how likely you are to be eligible for the Job Support Scheme. You can read our guide here.

If you’re struggling to pay rent, you can apply for Universal Credit which includes housing benefit. There are free services for estimating how much you could be paid, such as online benefits calculator entitledto. If housing benefit still doesn’t cover your rent, you may be eligible for a discretionary housing payment from your local authority.

Remember you could face up to a five-week wait for Universal Credit payments to start – let your landlord know as soon as you think you could be in this position. You will still be liable for rent but the Government has encouraged landlords to work with tenants and come to an agreement that works for both parties where possible. Read Shelter’s guide on negotiating a rent reduction during the Covid-19 crisis.

My landlord isn’t giving me six months’ notice of eviction

It depends on the reason for eviction. If you have rent arrears which started building up before March, your landlord is only required to give you four weeks’ notice. And if you’re facing eviction for antisocial behaviour, current legislation means you can receive little or no notice.

If you have received a Section 21 “no fault” eviction notice, you could still face eviction before Spring next year if you received a valid notice before August 29, and/or if your landlord started court action before or during the ban.

Landlords must now provide information about how tenants have been impacted by Covid-19 if they pursue an eviction through the courts, while tenants can give details on a defence form.

If you’re a lodger living with a resident landlord, you could be evicted without a court order once your notice period or agreement ends.

Remember your tenancy rights and responsibilities continue throughout the legal eviction process. You should continue to pay rent during this time.

I don’t think my eviction is legal. What are my rights?

If your landlord is trying to evict you illegally, RORA members Shelter say you can and should stay in your home and avoid signing documents which contain a date for you to leave by.

A court can usually only stop a Section 21 eviction if there is a problem with the notice you were given. It can be invalidated if your landlord:

  • has not protected your deposit correctly
  • has not licensed the property correctly
  • failed to fix dangerous disrepair in your home
  • has taken an illegal fee from you
  • did not provide you with a gas safety certificate or energy performance certificate at the start of your tenancy

If you refuse to leave your home, a landlord must apply for a possession order through the courts and only court-appointed bailiffs can make you leave. But you could be liable for your landlord’s court costs.

Under the latest government measures to keep people in their homes, bailiff-enforced evictions are currently banned.

I’m coming up to the end of my lease but my circumstances could change soon so I don’t want to commit to another year. Do I have to?

No. If you are on an assured shorthold tenancy and are at the end of your fixed term, you can renew for another six or 12 months or move onto a periodic tenancy, where you pay monthly and give notice (normally a month) when you want to leave.

Your letting agent may not offer information on periodic tenancies of their own accord. If you request it and are refused, or try to pressure you into renewing for another year, seek out help.

Where can I go for legal advice?

Unions and housing charities such as Generation Rent and Shelter can provide expert tips on your rights as well as directing you to more support. You can also contact your council’s tenancy relations officer.

You could be eligible for free legal aid if your total monthly income is less than £2,657. You can get legal advice over the phone if you contact Civil Legal Advice on 0345 345 4 345  (ask them to call you back if you don’t want to pay for the call).

Shelter’s free housing advice helpline runs 365 days a year on 0808 800 4444, while Citizens Advice can help you ascertain what your rights are particularly if you are negotiating a payment plan with your landlord.

Advice4Renters can provide free or cheap legal advice plus representation from specialists.

Get Rent Back can help you claim money back from a landlord who broke terms of your agreement while Justice For Tenants can support you in getting an unprotected deposit back.

The Big Issue is fighting the housing and unemployment crisis through the Ride Out Recession Alliance, bringing together the most innovative ideas and experts to help keep people in work and in their homes during the recession.

Share your story or get in touch with what you think can be done to support those in need by emailing rora@bigissue.com.