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Covid 19 Update

January 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (‘the Regulations’) come into force on 11 January 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 11 January 2021 until 21 February 2021, unless an exemption applies. The exemptions are:

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.

The previous ban required that substantial rent arrears be equivalent to 9 months’ rent with those rents accrued since 23 March 2020 being discounted. Under the new Regulations, substantial rents equate to only 6 months’ rent with no further discount of rents.

Court proceedings to obtain a possession order are still ongoing but unless an exemption applies, no evictions can currently be enforced and are not expected to be enforced until 08 March 2021 at the latest.

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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