Publication - Advice and guidance

Coronavirus (COVID-19): pre-action requirements and seeking repossession of private rented housing on rent arrears grounds

Published: 9 Oct 2020

Guidance for private landlords on pre-action requirements and seeking repossession of private rented housing on rent arrears grounds.

Coronavirus (COVID-19): pre-action requirements and seeking repossession of private rented housing on rent arrears grounds
Documenting compliance with pre-action requirements

Documenting compliance with pre-action requirements

Should a landlord decide to progress repossession action on the grounds of rent arrears in the period where the pre-action requirements are in force, compliance with the requirements will be considered by the Tribunal in deciding whether to grant the repossession order.

Due to the emergency Coronavirus Acts, all eviction grounds have been made discretionary, which means the Tribunal can apply discretion in deciding such cases.

Landlords should, therefore, make sure they document any actions they take in respect of meeting the pre-action requirements and ensure that the tenant knows they are doing this.

Where a landlord decides to progress repossession action, they will provide the tenant with the details of the steps they have undertaken to meet the pre-action requirements.