Residential evictions - updated 10th March 2021

View the Government press release of 10th March.

View the statutory Instrument March 2021

On 10th March 2021, the moratorium on residential evictions, which had been due to end on 31st March, was extended to at least 31st May 2021.

During that period, enforcement agents may not carry out residential evictions or serve notice of eviction unless the order for possession is made:

• Against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998(2) applies
• Wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985
• Wholly or partly on ground 2, 2A or 5 of schedule 2 of the Housing Act 1988
• Wholly or partly on ground 7 of schedule 2 of the Housing Act 1988 – the enforcement agent must take reasonable steps to ensure the residential premises are empty before serving notice or enforcing the writ/warrant of possession
• Wholly or partly on ground 7A, 14, 14A or 17 of schedule 2 of the Housing Act 1985
• Wholly or partly on case 2 of schedule 15 of the Rent Act 1977
• Where there are substantial rent arrears
  

“Substantial arrears” has been defined as arrears equating to six months’ rent arrears in England only. This exclusion does not apply in Wales.

In all cases the order should state that the court is satisfied that an exemption applies.

Commercial landlord remedies - updated 10th March 2021

View the Government press release of 10th March.

View the statutory instrument March 2021

On 10th March, the Government announced that the moratorium on commercial landlord remedies will be extended to 30th June 2021.

This is despite having stated in December 2020 that the extension to 31st March 2021 would be the final extension of the moratorium.

This moratorium covers:

• Forfeiture of lease
• Commercial rent arrears recovery (CRAR)
• Winding up petitions
• Statutory demands

Taking control of goods

Enforcement visits are permitted during the national lockdown, provided that enforcement agents adhere to the Covid-secure guidance.

Regulation 3 in this statutory instrument states that they may not enter residential premises to take control of goods.

Regulation 3 expires at the end of the national lockdown that started on 5th November.

You can read the full guidance here. This clarifies how exemptions are identified.

In order for an eviction to proceed, the court must be satisfied that an exemption applies. One of the processes outlined below must be followed in all cases.

• New possession orders: from now until 11 January 2021, when making an order for possession the court will record in the order if it is satisfied that the order falls within one of the exemptions (specifying which regulation). This includes the exemption for pre-Covid rent arrears, although in this instance the claimant will need to provide a detailed calculation of rent arrears showing precisely how they meet the definition in the exemption.
  
• The claimant must give the HCEO a copy of a court order clearly showing that the case into an allowed exemption. If the claimant fails to produce an order, the HCEO should not proceed with the eviction.
• Where an exemption is not identified on the order (including orders made prior to 17 November: the claimant should make an application by filing an N244 application under Part 23 of the Civil Procedure Rules, requesting the Court “to declare itself satisfied of the following matter set out at [specify which paragraph of Regulation 2], namely [specify the matter]”. This should be ‘on notice’. The application should be sent to the court that made with the original possession order. No fee is payable for this application.

Government documents

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  PDF 97.66KB

  Possession over mid winter

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  PDF 172.36KB

  Statutory instrument 1290 17 Nov 2020