Ban on evictions is extended - again!

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30 March, 2021

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.

For more information contact Emily Jordan in our Housing & Regeneration department via email or phone on 0333 207 1130. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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