We previously reported on Regulations that were brought into effect to assist in the current pandemic.
The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 amend the Taking Control of Goods Regulations 2013 and the Certification of Enforcement Regulations 2014 for the duration of the Covid-19 restrictions which have been imposed by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.
The legislation was relevant to both residential and commercial landlords and tenants.
The following is a summary of the changes implemented:
- To prevent enforcement agents taking control of goods at residential premises and on highways while the restrictions preventing people from leaving the place in which they live, without a reasonable excuse, are in place
- Automatically extend, by a period of 12 months, the period for taking control of goods where, at the time that the restrictions were imposed there was less than 1 month remaining of the time limit for taking control of goods, or where such point is reached while the restrictions remain in force
- To increase to an amount equivalent to 90 days’ rent, the minimum net unpaid rent that must be outstanding before commercial rent arrears recovery may take place
- To automatically extend the certificate of enforcement agents in certain situations
The Taking control of Goods and Certification of Enforcement Agents (Amendment) (no.2) (Coronavirus) Regulations 2020 came into effect on 24 June 2020. They amend the Regulations referred to above.
The Regulations increase the minimum net unpaid rent that must be outstanding before commercial rent arrears recover can take place to 189 days’ rent.
The Regulations also set the expiry date as 23 August 2020 in respect of:
- The prevention of enforcement agents taking control of goods at residential premises and the highway
- The automatic extension of the period for taking control of goods
- The automatic extension of certificates of enforcement agents
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