Ban on Evictions Extended - Part Two

Now the ban on evictions has been extended, we continue to look at the implications.

Following our blog from last week, the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 came into effect on 11 January 2021. This effectively extended the current ban on evictions until 21 February 2021.

The exceptions remain as set out in the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020, and as discussed in our  blog from November 2020, save for one key change in relation to cases involving rent arrears (see details below).

The general ban does not apply if the warrant or notice is either against trespassers whose names are not known or wholly or partly made as a result of reliance on the following:

• The absolute ground for possession; 
• Evidence of anti-social behaviour;
• Evidence that the tenant knowingly or recklessly made a false statement which caused the tenancy to be granted;
• Evidence of domestic abuse; or
• The death of an assured tenant so long as the person executing the warrant or delivering the notice takes reasonable steps on attending the property to check that it is unoccupied.

Further, one of the exceptions to the ban has been when a case involved ‘substantial rent arrears’. The new regulations now define ‘substantial rent arrears’ outstanding as “at least an amount equivalent to 6 months’ rent”. This is a reduction from 9 months’ arrears to 6 months’ arrears and also there is now no requirement that this must be the amount of the arrears at the date of the possession order or that arrears accrued after 23 March 2020 must be discounted.

This is a positive change for landlords in relation to rent cases where tenants continue to accrue arrears. Firstly, because the amount of arrears required to qualify for the exception has been reduced but secondly and more importantly because the arrears do not need to be at the date of the possession order (as they did before). This is significant because many landlords will have had cases prior to the introduction of these new regulations where a warrant could not be achieved despite significant arrears continuing to accrue. However, in light of this amendment it will now be possible to seek the court’s permission to obtain a warrant to evict those tenants who are continuing to accrue arrears after the date of their possession orders and during the pandemic.

The outlook remains bleak though for other certain cases that will slip through the regulatory net. For example, it is still not possible to evict in the following circumstances:

1.  Where possession is obtained on grounds of rent arrears but the arrears are less than 6 months’ worth;
2. Where possession is obtained in a breach of tenancy case (for example in a hoarding case);
3.  Where a possession order was obtained based on trespass and the trespasser’s name is known (including, for example, in succession and left in occupation cases); and
4. Where a possession order is obtained on the accelerated possession route pursuant to Section 21 of the Housing Act 1988 (even though anti-social behaviour may have been the catalyst for the issue of proceedings).

The general ban on evictions is currently due to remain in force until 21 February 2020 but given the current climate it would be no surprise if this date is further extended.

For more information or advice on any specific cases or issues please feel free to contact Zoe Glacken.