Property solicitors - HB 121 Solicitors

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 came into force on the 18th November 2020.

This extension of stay prevent residential evictions for most part, however, this moratorium on eviction ends 11 January 2021.

These Regulations apply in relation to England only.

Residential Tenancies (Protection from Eviction)

    2 – (1) Subject to paragraphs (2), (3) and (5) of the Regulations, no person may attend at a dwellinghouse for the purpose of:-

  • (a) Executing a wit or a warrant of possession;
  • (b) Executing a writ or warrant of restitution; or
  • (c) Delivering a notice of eviction.

    (2) Para (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made:-

  • (a) Against trespassers under CPR 55.6.
  • (b) Under s.84A of the Housing Act 1985 – absolute ground for possession of Anti-social behaviour;
  • (c) On Ground 2, 2A & 5 in Schedule 2 to the Housing Act 1985 – Grounds for possession of dwelling houses let under secure tenancies;
  • (d) On Ground 7A, 14, 14A or 17 in Schedule to the Housing Act 1988 – Grounds for possession of dwelling houses let on assured tenancies;
  • (e) Case 2 of Schedule 15 to the Rent Act 1977 – grounds for possession of dwelling houses let on or subject to protected or statutory tenancies.

    (3) Para (1) does not apply where the court is satisfied that:-

  • (a) the case involved substantial rent arrears;
  • (b) the notice, writ or warrant relates to an order for possession made:-
    • i) on Ground 1 Schedule 2 of the Housing Act 1985;
    • ii) on Grounds 8, 10, or 11 in Sch 2 of the 1988 Act; or
    • iii) under case 1 of Sch 15 to the Rent Act 1977.
    • (4)

    • (a) For the purposes of para (3), a case involves substantial rent arrears if the unpaid rent arrears is outstanding at the date on which the order for possession is granted is at least equivalent to 9 months’ rent, and
    • (b) for the purpose of sub-para (a), any unpaid rent arrears accrued after 23 March 2020 must be disregarded.

      (5)

    • Para (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made on Ground 7 in Sch 2 to the Housing Act 1988.

    Landlord’s Position

    Landlords have still been able to issue possession and eviction notices during the moratorium, with extended notice periods. As soon as the Courts resume eviction hearings, it is likely to prioritise the most serious cases. Such as ones involving anti-social behaviour and other crimes, and ones where landlords have not received rent for more than a year.

    Tenant’s Position

    It would be advisable that you seek legal assistance and contact us as soon as practicable.

At HB 121 Solicitors, we have a team of experienced

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