Emergency laws mean that most housing association tenants in Wales who get an eviction notice on or after 29 September 2020 are entitled to 6 months’ notice before their landlord can apply to court. This includes assured and assured shorthold (starter) tenants.
Courts are still able to process possession cases but bailiffs in Wales are unable to carry out any evictions until after 31 March 2021, except in limited circumstances, such as if you are being evicted for anti-social behaviour. This means that even if your landlord has obtained a possession order from the court, in most cases bailiffs will not currently be able to evict you from your home.
There are also some new stages in the possession process. These include:
Reactivation Notices: if your landlord started court proceedings before 3 August 2020 it is likely that it was put on hold for a time. Your landlord must send a Reactivation Notice to you and the court to re-start the case. In the notice they must give information to the court about the impact coronavirus has had on you and your family. Make sure you tell your landlord straight away if you are struggling because of coronavirus, for example, if your income has reduced and you cannot pay your rent. It is best to do this in an email. Your landlord will then have to pass this information on to the court in any Reactivation Notice.
Review Date: in most cases the court will set a Review Date for the judge to review the papers and see if an agreement can be reached before a court hearing takes place. You don’t need to go to court on the Review Date but you will be told when it is so that you can try and make an agreement if possible.
Courts remain open but some hearings might be dealt with by telephone or a video link. Make sure you contact the court in advance of any court hearing if you are worried about going to the court because of coronavirus.
Court duty advisers are available to help you on any Review Date or at any possession hearing. Details of how to contact an adviser should be sent to you with the papers from the court.
If you have received possession papers from the county court use our guide to find out what will happen next.
For more information on eviction, see our pages on eviction : court action.
If you are struggling to pay your rent, see our advice.
Always get advice if possession proceedings have started against you. You could still lose your home during the pandemic.