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Ban on Residential Evictions and Increased Notice Periods Extended

In the context of the continuing global Coronavirus pandemic, the ban on the enforcement of possession orders has been extended. The most recent extension prevents landlords, letting agents and property investors from evicting tenants now until 31 May 2021 at the earliest.

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 apply the extension of the ban to all cases. There are however some exceptions where the ban will not apply. These include evictions and possession orders where the following apply;

  • trespass by persons unknown
  • anti-social behaviour (as defined by s.84A of the Housing Act 1985)
  • secure, assured and statutory tenancies
  • cases where there are at least 6 months of rent arrears
  • cases where possession has devolved through succession and  where the tenancy was obtained through false statements. 

Further regulations under the Coronavirus Act 2020 are also anticipated in relation to a further extension of the current 6 month notice period for section 21 and section 8 notices (where there are less than 6 months’ rent arrears). 

Landlords remain entitled to serve notice now and can continue to issue possession claims. The evictions which continue to be paused until 31 May 2021 fall at the very end of the possession process and in this context landlords are well advised to continue to serve notice and issue claims as appropriate where necessary to protect their position. 

If you have a problem tenant or situation and would like to discuss your situation don’t hesitate to contact us.  

Posted by:

Richard Chapman
Trainee Solicitor

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