Ban on evictions is extended - again!

Published: March 30th, 2021

7 min read

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 were due to be in force until 31 March 2021. That has now been extended to 31 May 2021.

To recap, the Regulations ban most evictions unless the notice, writ or warrant of possession relates to an order for possession:

  1. against trespassers where CPR 55.6 applies (persons unknown)
  2. under section 84A Housing Act 1985 (absolute ground for ASB)
  3. under Ground 2, 2A or 5 of Schedule 2 to the Housing Act 1985 (secure tenancies)
  4. under Ground 7A, 14, 14A or 17 of Schedule 2 to the Housing Act 1988 (assured tenancies)
  5. under Case 2 of Schedule 15 to the Rent Act 1977 (protected or statutory tenancies)
  6. under Ground 1 of Schedule 2 to the Housing Act 1985 or Ground 8, 10, 11 Housing Act 1988 or Case 1 of Schedule 15 of the Rent Act 1977 (substantial rent arrears) where the unpaid rent is at least equivalent to six months rent, or
  7. under Ground 7 of Schedule 2 to the Housing Act 1988 where, before delivering the notice or executing the writ or warrant, the person attending the property has taken reasonable steps to satisfy themselves that it is unoccupied.

The Regulations apply only to evictions. Other aspects of the possession procedure, such as Court proceedings to get a possession order continue.

One notable change in the 2021 Regulations is the "substantial rent arrears" exception. For much of 2020, rent arrears accrued since March 2020 had been excluded but the definition was changed in January so that outstanding rent arrears are now defined as 6 months unpaid rent.

The requirement for landlords to provide six months' notice periods for the vast majority of circumstances has also been extended to "at least" 31 May 2021.

How can we help?

Complete the form opposite, let us know a few details, and one of our team will get back to you shortly. Or you can call us or request a callback.

0800 689 3206 - Monday - Friday: 09:00 - 17:00

Request a call back

By submitting your enquiry you agree that Forbes can contact you.

© 2024 Forbes Solicitors is the trading name of Forbes Solicitors LLP Offices in Preston, Manchester, Salford, Blackburn, Blackpool, London and Leeds UK Main Office: Rutherford House, 4 Wellington Street (St Johns), Blackburn, Lancashire, BB1 8DD • Vat No: 174 394 344 Forbes Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No. 816356). Details of the SRA’s Standards and Regulations can be found here. Authorised and regulated by the Financial Conduct Authority.

This website has implemented reCAPTCHA v3 and your use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use.