Monday, 16 November 2020

COVID-19: EVICTIONS & BAILIFFS HALTED AGAIN: ENGLAND

Regulations made today and coming into force tomorrow 17 November 2020 will save the majority of residential occupiers in England from eviction and seizure of their goods for the time being. The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (SI 2020/1290) stop evictions up to 11 January 2021. They also stop bailiffs and enforcement agents seizing goods inside residential premises (but not outside or on the road and not from business premises) until the end of the current national lockdown on 02 December 2020. Possession proceedings which are pending and new possession cases can still continue.

There are exceptions to the paralysis on evictions (which extends to even delivering tenants with a notice of eviction proclaiming when the bailiff or enforcement against will be calling and so this effectively amounts to a ban on fixing eviction appointments).   The main exception is where the possession order was made on the ground of rent arrears amounting to the equivalent of nine months but any arrears which have clocked up since 23 March 2020 will be disregarded for this purpose. Other exceptions include evictions where the possession order has been made in relation to social tenancies on the grounds of anti-social behaviour, nuisance, false statements to obtain the tenancy or domestic abuse and orders made against trespassers whose identities have not been established.