Ban on evictions extended.
In November we published an article on “Stay on evictions on a legal footing in England” the Government had announced there would be a stay on evictions form 11 December 2020 to 11 January 2021.
As we are now in another lockdown throughout England at least until the 18 February 2021, the Government have issued The Public Health (Coronavirus) (Protection from Evictions) (England) Regulations 2021. The regulations prevent a writ or warrant being executed for possession of a property or delivering a notice of eviction at the property from the 11 January 2021 to 21 February 2021.
Although it is currently planned to end the 21 February, this means that by the time the tenant is given 14 days’ notice of eviction, the earliest an eviction will take place is 8 March.
There are a few circumstances where the court can be satisfied if there is a claim against an unknown person or trespassers in the property. Where there are grounds for anti-social behaviour, death of a tenant, domestic abuse, providing false statements, where you are satisfied the dwelling is unoccupied when you attend (abandonment of a property) or in substantial rent arrears exceeding six months then an eviction can continue during this period. The Christmas lockdown rules required nine months of rent arrears that accrued before the March lockdown. These new rules reduce the arrears to six months and they do not specify they have to have accrued before the March lock down.
You are still able to submit an application for possession of a property during this time.
Wales have said the eviction ban will stay in place till the end of March
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