PROTECTION FROM RESIDENTIAL EVICTIONS IN WALES EXTENDED

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The Public Health (Protection from Eviction) (No 2) (Wales) (Coronavirus) Regulations 2021 (SI 2021/325 (W 84)) (“the Regulations”) will come into force on 1 April 2021.

The Regulations renew the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 (SI 2021/12 (W 5)) which expire on 31 March 2021.

The effect of the Regulations is to prevent enforcement officers from attending a dwelling house in Wales for the purpose of executing a writ or warrant of possession or restitution, or delivering a notice of eviction, save in certain specified circumstances, until 30 June 2021.

The Regulations adopt the same exceptions as the previous regulations, namely that evictions may still be carried out where a Court is satisfied that the notice, writ or warrant relates to an order for possession made against trespassers who are persons unknown, or relates wholly or partly on the following grounds:

  • Anti-social behaviour under section 84A of the Housing Act 1985 (HA 1985)
  • Ground 2 (nuisance) or Ground 2A (domestic abuse) in Schedule 2 to the HA 1985
  • Ground 7 (death of tenant with no right of succession) (so long as the person attending has taken steps to satisfy themselves that the property is unoccupied)
  • Ground 7A (anti-social behaviour)
  • Ground 14 (nuisance) or Ground 14A (domestic abuse) in Schedule 2 to the Housing Act 1988 (HA 1988)
  • Case 2 (nuisance) in Schedule 15 to the Rent Act 1977

If you require any advice, please contact a member of our Property Dispute Resolution team.

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