Evictions during lockdown

Prior to the current lockdown starting, the Lord Chancellor and Secretary of State for Justice had already stated that enforcement should not be carried out against tenants living under Tier 2 or 3 restrictions.

A “winter truce” was also introduced whereby residential evictions would not be carried out anywhere in England and Wales between 11th December 2020 and 11th January 2021.

The introduction of a second lockdown has now led to further restrictions on residential evictions, with no enforcement of possession orders against residential tenants during the period of lockdown. The lockdown is currently due to end on 2 December 2020, although the possibility of it being extended cannot be ruled out. Coupled with the winter truce this means that no possession orders will now be enforced in England until 11th January 2021 at the earliest.

There are some limited exceptions to this, for example in cases where there has been anti-social behaviour, fraud and illegal occupation. Further announcements are also expected which would allow evictions in cases of severe pre-covid rental arrears. The courts do remain open during the lockdown period, and the process of obtaining a possession order remains in place – it is the enforcement of those orders which is affected by the new guidance.

If you require advice and assistance on these issues, or any landlord and tenant matters, please email Fiona Hannaford or call on 01803 403403.

The content of this article is correct as at the date of posting and is for information purposes only. Whilst we try and ensure it is accurate we do not warrant or guarantee that this is the case, nor do we accept any responsibility in the event that it is relied on. The information is not intended to be a substitute for legal advice which you are recommended to obtain.

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