• news-banner

    Expert Insights

Ban on residential evictions extended

Last week, we reviewed the position three months on from the lifting of the stay on possession proceedings (21 September 2020).  Please click here for our insight.  We noted that with the introduction of a further national lockdown, it was possible that the Government would introduce further changes and, indeed, that is precisely what has happened.

The Government has extended the ban on enforcement of possession orders from 11 January 2021 to 21 February 2021 in respect of residential dwellings in England.  This change is made under The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 which come into force today.

There remain limited circumstances in which enforcement of possession orders may proceed, of which, the most commonly encountered are:

  • Where enforcing an order for possession made against unknown trespassers (under CPR 55.6);
  • Where the premises are let under an assured shorthold tenancy (“AST”) or an assured tenancy and a possession order is made wholly or partly under one or more of the following grounds under Schedule 2 of the Housing Act 1988:
    • Ground 7A – conviction of tenant or a visitor;
    • Ground 14 – nuisance;
    • Ground 14A – domestic violence.
  • Where the premises are let under an AST or an assured tenancy, there are substantial arrears of rent and a possession order is made wholly or partly under one or more of the following grounds of Schedule 2 of the Housing Act 1988:
    • Ground 1 – principal home of Landlord;
    • Grounds 8, 10 or 11 – rent arrears.
  • Substantial arrears of rent is defined in the Regulations as at least 6 months’ rent. Under the current Regulations, there is no longer any distinction between arrears which accrued before or post the COVID-19 pandemic.  If there is over 6 months’ rent outstanding and the Landlord has obtained a possession order on Grounds 1, 8, 10 or 11, the possession order may be enforced.
  • The Regulations expire on 21 February 2021.

Landlords should also check that if they have any existing possession proceedings which were stayed and where they have not served a reactivation notice to revive those proceedings.  Landlords and tenants seeking to reactivate possession proceedings have until 29 January 2021 to do so failing which they will remain stayed and it will be necessary for an application lifting the stay to be made.

This is an area of fast-paced change so please visit our Essential Residential Hub and our timeline on the evolution of the private rented sector to keep up to date with developments.


Please do not hesitate to contact Lauren Fraser, Laura Bushaway or your usual Charles Russell Speechlys contact if you have any queries.  This insight is not a substitute for legal advice on the specific circumstances of the case.

Our thinking

  • Mental Health Management

    Nick Hurley

    Events

  • Calculating Social Value in BTR

    Francis Ho

    Events

  • Dangers of trusts

    Mark Summers

    Events

  • In-House Insights

    Megan Paul

    Events

  • Updates and points to note in relation to buy-to-let residential properties

    Twiggy Ho

    Insights

  • Charles Russell Speechlys expands commercial offering with the appointment of Rebecca Steer

    Rebecca Steer

    News

  • The Times quotes Gareth Mills on the CMA’s preliminary approval of the Activision Blizzard-Microsoft deal

    Gareth Mills

    In the Press

  • Heritage property and conditional exemption

    Sarah Wray

    Insights

  • The Financial Times quotes Emma Humphreys on UK rental costs

    Emma Humphreys

    In the Press

  • Stamp Duty Refund - New Impetus To Eligible Incoming Talents

    Ian Devereux

    Insights

  • City AM quotes Gareth Mills on the CMA’s new set of principles for regulating AI

    Gareth Mills

    In the Press

  • Hamish Perry and Mike Barrington write for The Evening Standard on whether a merger between the CBI and Make UK can work

    Hamish Perry

    In the Press

  • Silicon quotes Gareth Mills on the UK consumer lawsuit against Google

    Gareth Mills

    In the Press

  • Common construction claims in Bahrain

    Mazin Al Mardhi

    Insights

  • Property Week quotes Louise Ward on the additional support required by aspiring UK life sciences operators

    Louise Ward

    In the Press

  • Sarah Higgins and David Wells-Cole write for Wealth Briefing on the pitfalls of using unregulated legal services

    Sarah Higgins

    In the Press

  • Charles Russell Speechlys’ UK offices receive environmental certification

    Kerry Stares

    News

  • Case analysis: URS Corporation Ltd V BDW Trading Ltd

    James Worthington

    Insights

  • True value adjudications; don’t jump the gun!

    Christopher Busaileh

    Insights

  • Financial Reporter quotes Rhys Novak on a new FCA review into the treatment of PEPs

    Rhys Novak

    In the Press

Back to top