Here's the draft Bill in the @CommonsHCLG report on protecting renters through coronavirus. publications.parliament.uk/pa/cm5801/cmse… And... it sort of works.
I'm not sure why ground 8 is just moved from part 1 of Schedule 2 HA 1988 to part 2, rather than just being of no effect for the relevant period. Grounds 10 and 11 cover ‘discretionary' rent arrears claims, and an additional ‘ground 8 but discretionary' adds nothing to that.
But why restrict the 2(3) ‘court must consider if arrears are a result of coronavirus' to ground 8 alone? Why not also grounds 10 and 11?
On the s.21 temporary amends, this works to introduce a discretion for the court as to whether to make a possession order, and also to suspend it. But how would the ‘court must consider the extent to which LL is seeking possession due to (coronavirus) arrears' work?
Who is to evidence this? And how would tenants evidence it in a case? T says ‘it is rent arrears’, LL says ‘I want to sell’. What then? Why not just remove s.21 from effect for the relevant period?
And for all the other tenancy kinds to which s.89 Housing Act 1980 applies, why not address that too?
