Coronavirus: Christmas ban on residential evictions and CRAR in England

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The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (SI 2020/1290) (“the Regulations”) came into effect on 17 November 2020 and apply to England.

In effect, the Regulations prevent, for the period for which they are in force, attendance at a residential property for the purpose of executing a writ or warrant of possession, executing a writ or warrant of restitution or delivering a notice of eviction.

However, there are limited circumstances in which these activities may still take place. Evictions will be permitted if the Court is satisfied that the notice, writ or warrant does the following:

  • Relates to an order for possession against trespassers who are persons unknown;
  • It was made wholly or partly on the grounds of anti-social behaviour, nuisance, domestic violence, or false statements;
  • It was made on the death of the tenant where the person attending is satisfied that the dwelling house is unoccupied; or
  • Where the landlord has relied on a ground involving the non or late payment of rent and there are at least nine months’ rent arrears outstanding which accrued before 23 March 2020.

The Regulations also temporarily prevent landlords from using the procedure set out in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to take control of goods located inside residential properties until 2 December 2020.

It will be interesting to see whether similar regulations are effected in Wales.

For more information, please contact our Real Estate Team.

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