UPDATE – 11 MARCH 2021
Yesterday, the Government announced an extension to support for residential tenants. The ban on bailiff-enforced evictions, and the requirement for landlords to provide 6-month notice periods to tenants before they evict them, will be extended until at least 31 May. Both were due to expire on 31 March 2021.
The ban on bailiff-enforced evictions covers all but the most serious circumstances – such as incidents of fraud or domestic abuse. For more information read our previous blog on changes to notice periods for assured shorthold tenancies.
This will ensure residents in both the private and social sector can stay in their homes and have enough time to find alternative accommodation or support as we move through the restrictions easing.
Cartridges Law are one of only two legal aid providers for housing issues in the South West. If you need to speak to a member of our team, please contact us on enquiries@cartridgeslaw.co.uk or 01392 256854.
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On the 17th November 2020 legislation called the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 were passed. These regulations, informally called the ‘eviction ban’, prevented a warrant of possession being executed until 11 January 2021, save in certain prescribed circumstances.
On 11 January 2021 further legislation was laid down known as The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021. These Regulations stopped evictions until 21 February 2021, and the eviction ban has now been extended until 31 March 2021.
The Regulations state that it is unlawful to attend a residential property to either carry out an eviction or give notice of an eviction unless specific exceptional circumstances apply.
These exceptional circumstances include (amongst others);
- Where the possession order has been made against trespassers
- Where there has been anti-social behaviour
- Where there are substantial rent arrears
These Regulations only apply to evictions. Landlords can continue to issue a notice and apply to the Court to obtain a possession order. Most tenants are entitled to six month’s notice before court action, including all section 21 notices and most other eviction notices given since 29 August 2020 but you could be given a shorter notice in some cases. See our previous blog on changes to notice periods for assured shorthold tenancies.
Cartridges Law are one of only two legal aid providers for housing issues in the South West. If you need to speak to a member of our team, please contact us on enquiries@cartridgeslaw.co.uk or 01392 256854.