Monday, 24 August 2020

POSSESSION STAY EXTENDED

I told you, didn't I? The ban in England and Wales on tenants being evicted and court possession proceedings being pursued was to be lifted as from yesterday. If you were a tenant, you blessed. If you were a landlord, you cursed - as you read https://www.breakinglaw.co.uk/2020/08/bailiffs-about-to-awake.html

And what have they gone and done? The ban has been extended until 20 September 2020 by the Civil Procedure (Amendment No 5) (Coronavirus) Rules 2020 SI 2020/889. This means that where a possession order has already been made, a tenant cannot generally be evicted before 5 October 2020 (a 14 days notice of the eviction appointment must be given unless the court shortens the notice period). And it means that the hearings of cases where no order has yet been made are unlikely to take place before around 28 October 2020.

The notice by the landlord requiring the tenant to vacate is being extended from the temporary three months to a temporary six months but more on this shortly when the necessary legislation has been published.

But the ban on bailiffs and High Court enforcement agents seizing goods where a judgment has gone unsatisfied is over.