By letter dated 5th November 2020 The Lord Chancellor, Robert Buckland QC, has written to High Court Enforcement Officers to reiterate the previous guidance issued to bailiffs not to enter residential premises to carry out evictions.
However, importantly the Lord Chancellor refers to some exemptions, which is the first time we have seen any exemptions in the context of evictions.
These exemptions are where a possession order has been granted in the following types of cases:
- Claims against trespassers to which rule 55.6 of the Civil Procedure Rules applies (service of claims against trespassers).
- Anti-social behaviour and domestic violence cases (pursuant to Grounds 2, 2A and 84A of Schedule 2 Housing Act 1985, Grounds 7A, 14, 14A of Schedule 2 Housing Act 1888 or Case 2 of Schedule 15 of Rent Act 1977).
- Where tenants have induced a landlord to grant a tenancy based on false information (Ground 5 of Schedule 2 Housing Act 1985 and Ground 17 of Schedule 2 Housing Act 1988).
- Tenancy devolved under a Will (Ground 7 of Schedule 2 Housing Act 1988).
The letter proceeds to say, “I also intend to introduce an exemption for cases with extreme pre-Covid rent arrears and will provide further detail shortly”.
This letter was sent to High Court Enforcement Officers, but it is presumed that the guidance will also apply to County Court bailiffs.
This will be welcome news to landlords who have obtained possession orders (both pre and post COVID-19) but where tenants remain, particularly those causing anti-social behaviour to the detriment of their neighbours.
For more information, please contact Josephine Morton.
