With another national lockdown comes another extension to the ban on evictions, which was due to come to an end on Monday 11 January 2020.

I am yet to see the amended statute in support of the extension but the Law Society Gazette reports that the extension to the ban will be until 21 February 2021 at least and will be kept under review. Ultimately it appears likely that as long as we are in lock down the ban on evictions will continue. 

Apparently evictions can still proceed in the most serious of cases such as those involving anti-social behaviour, high, pre coronavirus, rent arrears, illegal occupation and perpetrators of domestic abuse. However, in reality, evictions are not progressing regardless of the circumstances and I don’t see that changing any time soon.

It is also extremely frustrating that the exemptions do not extend to cases where the Property is now empty or where the unlawful occupier’s name happens to be known.

There is also talk of mediation being introduced, supporting landlords and tenants to resolve issues quickly without the need for a formal hearing.

While I consider mediation a very useful tool in many situations, sadly I don’t think it's appropriate in most possession cases, especially those brought by social landlords, who are already required and do try everything to work with their tenant before commencing possession proceedings.

If anything, mediation is likely to cause further delay and lead to further financial loss for registered provider’s, higher rent arrears for tenants, and further misery for those communities suffering as a result of ongoing anti-social behaviour in their neighbourhoods.

While it’s helpful that the government is not proposing (yet!) to prevent possession claims or re stay on going cases the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 do not do enough, in my view, to deal with the situation on the ground. Let's hope that when the regulations are amended the exemptions are extended and the courts will be prepared to enforce them.

For more information please contact: 

Sarah Rogers
Senior Associate Solicitor, Housing and Regeneration Limited (Litigation)
e: sarah.rogers@forbessolicitors.co.uk
t: 07976 261 261