COVID-19: REPRIEVE FOR TENANTS

The majority of residential tenants due to be evicted from their homes have been granted a further reprieve in England until 21 February 2021. The reprieve is in the same terms, except for one important exception, as the last one: see  https://www.breakinglaw.co.uk/search/label/COVID-19   The exception is that evictions can go ahead where the tenant owed at least nine months' worth of rent which had been run up before 23 March 2020. That has now been reduced to at least six months' worth of rent. Tenants should give thanks to and landlords should curse The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15) which, unlike its predecessor, does not halt bailiffs' seizure of goods. Despite the reprieve, which also protects mortgage borrowers, possession proceedings may still be brought and possession orders may still be made by the court, although not enforced by a bailiff or High Court enforcement agent where the regulations apply.

For Wales, a similar, but not identical, reprieve has been granted by The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 (SI 2021/12) and, just to be different, they have placed the name of the dreaded virus in a different place to England. The Wales regulations prevent evictions for a longer period until 31 March 2021 but must be reviewed earlier and so could be brought to an end earlier. They do not make an exception for cases where the arrears had reached six or nine months. 

Some crumbs for business tenants too. The paralysis on landlords being able to forfeit their leases or go into their premises to take them over where there are rent arrears has been extended from 31 December 2020 to 31 March 2021,  in England by SI 2020/1472 and in Wales by SI 2020/1456.

Bailiffs About to Awake

County Court bailiffs and High Court enforcement agents in England and Wales awake from their slumber next Monday 24 August 2020. They have been paralysed - thanks to coronavirus legislation and court directions - from seizing goods from debtors' homes where money is due under a court judgment and from evicting tenants and mortgage borrowers under court possession orders. Landlords and mortgage lenders have also been paralysed from pressing ahead with possession cases where no order has yet been obtained.  This paralysis end on 24 August 2020.

But various procedural hoops must first be gone through. Bailiffs and enforcement agents after seizure of goods are required to give the debtor at least seven days' prior notice of their intention to visit - unless, that is, the  court has waived or reduced the period of the notice on the basis that the debtor might otherwise take their goods to the other end of the world.

Where a possession order has already been made, the bailiff or enforcement agent is to give at least 14 days' proper written notice by way of a new form of the date and time on which they will be calling to evict. In some tenancy cases - it depends on the type of tenancy and the basis on which the possession oder was obtained - the tenant may be able to apply to the court for the bailiff or enforcement agent to be kept out by a suspension of their authority so long as the arrears are cleared at a specified rate on top of the rent being paid as and when it falls due. The likelihood is that the court will only have power to suspend where it is a social tenancy- council or housing association - and possession has not been order on a mandatory ground which prevents the court from granting longer than 42 days from the court order for the tenant to go. The court has much wider powers to suspend in mortgage possession cases.

And where a possession case was already started but then paralysed, the landlord or mortgage lender will have to send the court a reactivation notice so as to obtain a hearing date for the case. The court will generally give at least 21 days' notice of the hearing date.

In tenancy cases where the landlord has given notice to the tenant requiring possession, the period of any notice given or or after 26 March 2020 (and up to 30 September 2020)  was temporarily extended to three months (anything from 14 days or two months before). If short notice has been given the landlord should serve a fresh notice (after 30 September 2020 it can be for the 'old' period  which applied unless there is further legislation on the point). 

COVID-19: Bailiff Seizure Holiday

Your copy of Breaking Law (I dispute that the pages fall out), Rolls Bentley, second tv set and stock of 2,689 unneeded multi-packs of toilet rolls are safe from bailiff seizure during the emergency restrictions. Regulations* which came into force on 25 April 2020 prevent enforcement agents (including bailiffs) from taking control of goods at a home or located on the highway (for example, a parked car) while the restrictions last. They can still do the worst at business premises. In relation to rent arrears for business premises where the landlord has been able to send in an enforcement agent to take stock and other goods under the commercial rent arrears recovery scheme, the minimum amount of arrears for this to be done has been done has been raised from seven days' worth to 90 days for the time being (where notice of enforcement was served after 24 April 2020). 

* The Taking of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 SI 2020/451