Key Government Guidance for Letting Agents - Part II
As we move into month 5 since the UK went into full-scale lockdown, further restrictions were reintroduced for Greater Manchester, East Lancashire and parts of West Yorkshire. People from separate households in these areas are not allowed to mix with each other in their homes or gardens, or in pubs and restaurants. In Leicester, A local lockdown has been in place for several weeks, restrictions are also in place on household visits.
Every day the Government issues information relating to the impact of Covid-19 on different aspects of life in the UK. It is challenging enough to deal with the day to day running of a letting agency and It is too much information for any one individual to read and absorb, as well as implement to not only ensure personal safety but also professional.
We hope the following links will provide some assistance in navigating some of the aspects that need to be dealt with.
Anticipating the next stage of the Possession Claims has been Difficult
Last week, on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed, however, it was only this week that those changes were announced.
The Impact of CoronavirusAfter 5 months of housing possession being suspended, the courts will re-open to hear possession claims on the 23rd August 2020, and as a result, the New Practice Direction (PD) will apply for an “interim period” from 23 August 2020 until 28 March 2021. For private landlords must now attend any court hearing with two copies of a notice which sets out exactly what they know about the effect of the coronavirus on the tenant. This notice must be sent to the tenant before the hearing. This protocol also applies to Accelerated Possession Proceedings, which means that a similar notice MUST be included. PLEASE NOTE THE N5B WILL NOT BE AMENDED TO DEAL WITH THIS CHANGE NOR WILL CLAIMANTS BE REMINDED.
Existing ClaimsThe PD 55C will separate claims into TWO groups :-
Group 1 - Claims that were issued before 3 August 2020
Group 2 - Claims issued on or after 3 August 2020.
Government Launches Consultation on New Code of Practice for the Property Sector
Today the government launched its Consultation on a new Code of Practice (COP) which will be the central point of the work undertaken by the new industry regulator, yet to be appointed.
The COP will set the standards and benchmark with a mission to promote a higher element of faith in the property sector. There are references to transparency currently addressed by the CMA and Trading Standards, Referral Fees, Client Money Protection Regulations, Redress and Complaints, along with the collection and management of data.
This New COP will apply to :
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Property Sales/Purchases
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Property Lettings and Property Management
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Property Auctions
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Property Guardians, a new initiative used by Landlords, commercial and residential
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Rent-to-rent
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International property agents and brokers
10 ‘Nightingale Courts’ unveiled by The Lord Chancellor.
The Chancellor announced yesterday (19 July 2020) that locations for 10 ‘Nightingale Courts’ have been rapidly set up to tackle the impact of coronavirus on the justice system.
We are clear that Covid-19 has impacted every sphere of life, and this does not exclude the Justice System and Courts. There is a misconception that the Courts have been closed as a result of Lockdown and therefore there is a significant backlog on all areas, not just the housing sector. Cases have been taking place, albeit via telephone hearings and video link, however, these resources have not been able to “catch up” with the sheer volume of cases that have been postponed.
The 10 sites will host the so-called Nightingale Courts with ongoing work to identify more potential locations. This will start to alleviate the pressure on courts and tribunals resulting from the pandemic – ensuring that the wheels of justice keep turning.
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Temporary courts to begin hearing cases from next week
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Move will ease pressure on courts system and tackle the number of outstanding cases
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Part of Government plan to ensure justice continues to be served throughout pandemic