Covid 19 Update

February 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 (‘the Regulations’) come into force on 22 February 2021. These Regulations affect England only.

To further protect against Coronavirus transmission, no eviction notices can be served on residential tenants, nor can bailiffs execute warrants of possession of land, from the 22 February 2021 until 31 March 2021, unless an exemption applies. The exemptions remain the same as the penultimate ban and are as follows:

1. To evict occupants where ‘substantial’ rent arrears have accrued. The arrears must equate to 6 months’ rent;

2. To evict trespassers;

3. To evict occupants on the grounds of anti-social behaviour;

4. To evict occupants on the grounds of nuisance or false statements; and

5. Where a property is unoccupied following the death of a tenant.

Court proceedings to obtain a possession order are still ongoing but unless an exemption applies, no evictions can be enforced until the beginning of April 2021.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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