2020 has seen many statutory amendments due to Covid-19, many applicable to Lettings. The Courts have entered a ‘Winter Truce’ period in relation to evictions following the introduction of The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (“the Regulations”) which came into force 17/11/2020, in England only. The regulations restrict county court bailiffs from conducting evictions and remain in place until 11/01/2021 to help protect tenants from eviction over the Christmas period.
There are some exemptions:
A possession order made against trespassers;
A possession order made wholly or partly on the basis of anti-social behaviour;
A possession order made wholly or partly on the basis of false statement;
A possession order made wholly or partly on the basis of domestic violence;
Where the property is unoccupied following the death of a tenant.
Extreme rent arrears which we understand in this instance is 9 months’ rent arrears but not including arrears accrued after 23 March 2020. PainSmith Solicitors blog on this notes that any possession order where the 9 months’ rent arrears includes arrears accrued after that date do not fall within this exemption.
PainSmith Solicitors go on to say “Whilst the restrictions are due to end on 11 January 2021, eviction notices require 14 days’ notice. This means it is highly likely 25 January 2021 is the earliest date upon which appointments will be arranged. In addition to the above, backlogs are still an issue for the Court following the disruption this summer which is likely to cause further considerable delay and will vary between courts. It should be noted, the Regulations do not stop landlords from applying to the Court for enforcement where the Tenant has not complied with a Court Order. This means landlords can continue to request appointments despite them not going ahead until January 2021.”
This blog is intended as general information only, based on PainSmith Solicitors own blog, and anyone experiencing such issues should seek the appropriate legal advice and our Lettings Team if you are an AB Landlord or Tenant.
