The Public Health (Coronavirus) (Protection from Eviction and Taking
Control of Goods) (England) Regulations 2020
(‘the Regulations’) came into force on 17 November 2020. These Regulations
affect England only.
Eviction
To protect against Coronavirus transmission, no eviction notices can be
served on residential tenants nor can bailiffs execute warrants of
possession of land, from the 17 November 2020 until 11 January 2021, unless
an exemption applies. The exemptions are:
1. To evict occupants where ‘substantial’ rent arrears have
accrued. The arrears must equate to 9 months’ rent and must have accrued
before the 23 March 2020;
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 domestic abuse 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 are expected to be enforced until 25 January 2021 at the
earliest.
Seizing Goods
The Regulations also introduced a temporary ban on bailiffs attending a
dwelling house to execute a warrant of control (in order to seize the
tenant’s goods in order to be sold to recover arrears) from the 17 November
2020 until the national restrictions are due to be lifted (expected 02
December 2020).
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.