Further extension to ban on residential evictions
The Government has introduced a further extension to the ban on enforcement of possession orders from 21 February 2021 to 31 March 2021 in respect of residential dwellings in England. This change is made under The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 which came into force on 21 February 2021 (“the Regulations”).
The Regulations make no further changes to the limited circumstances in which enforcement of possession orders may proceed. The following is a list of the exemptions which arise most frequently:
- Enforcement of a possession orders made against unknown trespassers (under CPR 55.6);
- Where the premises are let under an Assured Shorthold Tenancy (“AST”) or 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.
It is important for Landlords to note that if they have obtained a possession order following service of a Section 21 Notice then even if there are over 6 months’ arrears, they will be unable to enforce a possession order until the eviction ban is lifted. The High Court recently confirmed in relation to the previous regulations (in force until 21 February 2021) that it was not possible to read the legislation as permitting the enforcement of a possession order in those circumstances (The Master Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity of St Clement in the Parish of Deptford Strond and (1) Dequincy Prescott and (2) Clodagh Byrne [2021] EWHC 283). Accordingly, a possession order may be enforced if there is over 6 months’ rent outstanding and the Landlord has obtained a possession order on Grounds 1, 8, 10 or 11. This remains the position under the Regulations.
In addition, the temporary changes to the Civil Procedure Rules in the form of Practice Direction 55C have been extended until 30 July 2021. Landlords now have until 30 April 2021 to reactivate possession proceedings failing which they will remain stayed and it will be necessary for an application lifting the stay to be made.
The Coronavirus pandemic is having a profound effect on landlords and tenants in the private rented sector. The Government’s quarterly mortgage and landlord possession statistics for October to December 2020 report that claims for possession were down 67%, orders for possession were down 89% and warrants of possession were down 86% on the same quarter in 2019. This is not surprising given the stay on possession proceedings which was in place until September 2020 and the current ban on enforcement of possession orders except in limited circumstances.
In addition, changes to notice periods for certain residential tenancies including AST and Assured Tenancies remain in place until 31 March 2021, but there is power for this date to be extended. For more information, please click here for our insight on those changes.
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 your case.
Our thinking
Mark Howard
Charles Russell Speechlys advises Content+Cloud on the acquisition of award-winning service provider Azzure IT
Content+Cloud continues its growth journey, this is our 7th successful transaction for them.
Dominic Lawrance
Dominic Lawrance talks to Spear's Magazine about UK cryptocurrency tax
What HNWs should know about UK cryptocurrency tax
Sarah Keens
Being Green - The Struggle for Power
Everything you need to know about Green Leases
Samuel Lear
Queen’s Speech – How the Government intends to strike a balance in the Private Rented Sector
Rose Carey
Is the UK open for business? A discussion with the Home Office
We hosted an immigration webinar with the policymakers from the Home Office.
Louise Ward
Louise Ward writes for EG on what UK investors can gain from an overseas life sciences partner
What UK investors can gain from an overseas life sciences partner
Sonia Kenawy
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
Sonia Kenawy writes for New Law Journal on cryptocurrency and security for costs
Amy Shuttleworth
Materialism in the metaverse: high street, meet blockchain
David Haines
New Arbitration Scheme for Commercial Arrears goes live
Everything you need to know about the new Arbitration Scheme for Commercial Arrears
Charlotte Healy
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Charlotte Healy and Katie Bewick write for Pharmacy Business on expert determination
Pei Li Kew
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Pei Li Kew writes for Pharmacy Business on the link between pharmacy and IP
Charlotte Duly
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Charlotte Duly writes for CITMA Review on the China Tang trade mark infringement case
Celine Jones
Levelling up or a barrier to house building?
Mark Howard
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Charles Russell Speechlys advises Acora on its acquisition of Secrutiny
Oliver Park
Building Safety Act 2022
Everything you need to know about the Building Safety Act 2022
Jonathan McDonald
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Jonathan McDonald provides comment for City AM on the Data Reform Bill announced in the Queen's Speech
Claire Fallows
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
CoStar quotes Claire Fallows on the new infrastructure levy announced in the Queen's Speech
Charlotte Posnansky
Depp v Heard - will transparency in the English family court increase public confidence or feed the insatiably prurient public appetite?
Nick White
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trade mark portfolio for USD $28 million.
Hope Wilson
Hope Wilson writes for the EG Legal Q&A on qualifying criteria
Hope Wilson writes for the EG Legal Q&A on qualifying criteria