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The clock is ticking. Here is what the government needs to do to avoid the evictions cliff-edge

We are approaching a cliff-edge on evictions and many renters are staring down at the rocks of homelessness below. But there is a way to avoid this outcome, writes Polly Neate

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Time is running out to protect renters from homelessness and the current plans have no teeth. But there is a way to avoid this outcome, writes Polly Neate of @Shelter #ukhousing

The clock is ticking. Here is what the government needs to do to avoid the evictions cliff-edge, by Polly Neate of @Shelter #ukhousing

The government, the opposition and campaigning organisations are all looking for the best defence to prevent a tsunami of evictions triggered by the economic shock of COVID-19. And we know that the struggling renters calling our emergency helpline every day are in desperate need of this defence, and fast.

Since the lockdown, one in three of the people we’ve picked up the phone to have been at risk of homelessness. Most of them are renters.

Private renting has long had an unbalanced relationship between landlord and tenant, with tenants shelling out huge amounts of cash for very little security in return. Most agree that the rental market needs belt-and-braces reform – including the government, which promised an entire Renters’ Reform Bill in its last Queen’s Speech.

So it’s hardly surprising, then, that a system this flawed is incapable of providing renters with the protection they need to avoid eviction and possible homelessness during this pandemic. But overhauling it properly will take time. Time we do not have.


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What we need is a stopgap that will allow tens of thousands of people to keep hold of their homes when the evictions ban lifts. Temporary protections designed to stop renters falling over the eviction cliff-edge and onto the rocks below.

What that should look like is a big bone of contention. It is where things get messy and opinions diverge.

Is scrapping ‘no-fault’ evictions the silver bullet renters need to protect their homes?

Shelter has long campaigned to end Section 21, the outdated law that means landlords can evict their tenants for no reason. So, it might sound counterintuitive for me to say this, but its abolition would not be enough to help renters now alone. Hear me out on this.

While we absolutely agree that ‘no-fault’ evictions need to go, and quickly, this wouldn’t protect millions of existing tenants. The big chink in the armour here is that scrapping Section 21 would apply only to new tenants with new contracts.

What happens to all those unable to pay their current rent, or the families with eviction notices already hanging over their heads? Even if the government did try to make it apply to existing contracts, it’s likely this could be legally challenged as a breach of human rights.

Encouraging landlords to play fair

Housing secretary Robert Jenrick has proudly pointed to the introduction of a ‘pre-action protocol’ as the golden ticket to the problem of renters being evicted as a result of lost income.

The pre-action protocol would encourage landlords to negotiate with their tenants and come up with a reasonable plan for missed rent.

Sounds great, doesn’t it? And of course some landlords are already doing this. But there are currently zero consequences if a landlord refuses to follow the protocol or fails to be ‘reasonable’ – whatever that means.

Not to mention the fact that it’s wholly unreasonable to expect a family, for whom being evicted would be catastrophic, to put their home on the line by bargaining with a landlord they might never have met.

Basically, it’s a nice idea with no teeth.

Cancelling all rent

A simple and appealing solution: cancel rent for those who are struggling to pay it. Sounds like an easy way to deal with the crippling debt that people are facing.

And clearly, many thousands of renters have lost work and are struggling, and more will in the months to come. The battle to pay rent and feed your family is starkly reflected in the numbers applying for Universal Credit – more than 2.5 million people in just two months.

But cancelling rent isn’t easy and it isn’t a quick fix. As a short-term solution, it would have damaging long-term implications. There would be landlords unable to absorb the financial impact of a total rent cancellation, leading to bank repossessions. It would also likely lead to a legal challenge. What’s pretty certain is that this would result in tenants being evicted and put at risk of homelessness. A gamble not worth taking.

So, what will work?

Luckily there are two tools at the government’s disposal that it could use to immediately protect renters. Emergency legislation to give judges extra powers to prevent evictions caused by coronavirus, and a reinforced safety net to help people pay the rent.

As it stands, evictions due to rent arrears as well as Section 21 ‘no-fault’ evictions are granted automatic approval through the courts. But some small tweaks to our laws could prevent those automatic processes taking place. Instead, judges would consider the impact of COVID-19 on a landlord’s possession claim and compel them to work with their tenants on a manageable solution.

The other tool the government already has set up to get cash to people before they hit rock bottom is Universal Credit. All the government needs to do is remove the benefit cap and boost the housing part to cover average local rents. Such targeted changes to the safety net would help people avoid eviction, poverty and debt while they get back on their feet.

These solutions can be enacted quickly and would help millions swerve the evictions cliff-edge. But if the government gets this wrong and lifts the ban without proper protection, a spike in homelessness will inevitably follow.

We’ll be watching as the clock ticks down to see if the government can do the right thing.

Polly Neate, chief executive, Shelter

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