Updated – Extension to the winter freeze on evictions

Inevitably, the third national lockdown announced on the 4th January 2021, has resulted in another change for landlords and tenants in respect of the eviction process, which has frequently been amended and updated as a result of the pandemic.

*12th March update – the ban on evictions has now been extended to 31st May 2021*

This means that until at least 31 May 2021 it is not possible for an enforcement agent to attend a residential property to execute a writ or warrant of possession, or to deliver a notice of eviction.  Exemptions will still apply in what the government calls “the most serious cases”, such as where there is domestic violence or fraud.

*18th February update – the ban on evictions has now been extended to 31st March 2021*

11th January update;
Prior to the current lockdown there had already been a winter freeze on evictions up to 11th January 2021. The Public Health (Coronavirus) (England) Regulations 2021 have now been amended, and the freeze on evictions is extended to 21st February 2021. This means that bailiffs cannot attend premises for the purposes of eviction during that period. The regulations also prohibit notices of eviction from being served during that time.

These changes do not affect the court process in respect of possession proceedings. Possession hearings will continue to take place, however evictions themselves cannot go ahead while the ban is in place.

There are a number of exemptions to the eviction ban, the most relevant of which is where possession has been ordered on the grounds of substantial rent arrears or anti-social behaviour.

If you require any advice in relation to landlord and tenant matters then please contact 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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