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
James Bateman
LGBTQ+ History Month: Student Webinar
Hear first-hand what it is like to work at a law firm, and how we reinforce an LGBTQ+ inclusive work environment
Rose Carey
Planning for EU to UK Work & Business Travel
Following our webinar on post-Brexit UK work and business mobility, please join us for the first in our series of follow up mini-webinars.
Emma Humphreys
Property Patter: The last resort – FAQs on tenant liquidation
How does liquidation work?
Lauren Fraser
Leasehold Reform – The devil is in the detail
Taking a closer look at the Government's announcement in January that makes home purchase easier and cheaper for leaseholders.
Carolyn Davies
Grand designs – Who should take the design risk in an MMC project?
MMC have been touted as a way to tackle costs and inefficiencies within construction, but who takes responsibility for the design ?
Chris Ingram
Tech Connect Newsletter - February 2021
Welcome to the February edition of our Tech Connect Newsletter.
Elliot Michaelson
EMI share options, Covid-19, and Brexit – where are we now?
What are the new measures to employers operating EMI schemes that have been affected by the pandemic?
Harman Bains
Spring Budget 2021 - predictions
Spring budget 2021 - what will the Chancellor do?
David Coates
Charles Russell Speechlys advises Exeter Property Group on its acquisition of two property SPVs from the Tritax group
Exeter Property Group is one of the largest real estate investment managers focused on acquiring, developing and managing properties.
Richard Flenley
A Cautionary Tale of a Brush Too Broad
Molly Tatchell
Definitions, definitions, definitions
Tom Davies
Government announces further funding for building safety
David Coates
Charles Russell Speechlys releases H2 2020 deal highlights
Our highlights over the past 6 months are now available.
Laura Bushaway
Laura Bushaway writes for the Estates Gazette Legal Q&A on the implications of Covid-19 on business interruption policies
Laura Bushaway considers the question: Am I insured for Covid-19?
David Coates
Charles Russell Speechlys advises the founders of The People Development Team (PDT Global) on sale to LTG plc
The People Development Team is a leading provider of online diversity and inclusion training and consultancy services.
Helen Coward
New tax for UK Residential Developers
Helen Coward
Building anxieties: The impact of a possible CGT rate rise on housebuilders
As the March 2021 budget approaches and a potential CGT rate rise, what does it mean for housebuilders?
Fiona Edmond
Keeping Up With Construction: Pre-procurement - Practical Pointers
Successful procurement is more than the choice of the construction contract.
Emma Humphreys
Property Patter: The “bubble wrap” option – FAQs on tenant administration
The team look at some key points on tenant administration.
Andrew Collins
Charles Russell Speechlys advises N+1 Singer on £10m return of capital
Zytronic plc is a UK-based manufacturer and developer of touch sensing overlay products.