Update on Bailiffs and Possession

Update on Bailiffs and Possession
 

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 were laid before Parliament on 16 November and come into force on 17 November.

These regulations apply in England until 11 January 2021 and essentially place the request of the Lord Chancellor for bailiffs not to carry out evictions onto a statutory footing.

The effect of the regulations, as far as Assured Shorthold Tenancies are concerned, is that no person may attend a dwelling house for the purpose of executing a writ or warrant of possession or restitution or delivering notice of eviction, save for certain specified exemptions. The exemptions which apply to Assured Shorthold Tenancies are as follows:
The regulations provide an exemption where the Court is satisfied that:

• The case involves substantial rent arrears; and
• The writ or warrant relates to an order made on Ground 8, 10 or 11 of Schedule 2 to the Housing Act 1988,

 
“Substantial rent arrears” are defined as at least 9 months’ unpaid rent at the date on which the possession order is granted, BUT in calculating this sum, rent arrears which accrued after 23 March 2020 are disregarded.  
As this exemption only applies where the Court is satisfied of the above conditions, this suggests that an application would be required in order to obtain permission to carry out the eviction in those cases – rather than simply a request for warrant. Therefore, for those cases in which there are substantial rent arrears which pre-date Covid-19 lockdown measures, there is an opportunity to make applications for evictions to proceed.

When evictions are able to be enforced again, bailiffs will be required to provide 14 days’ notice of the eviction date to the tenant. The notice will include information on how the tenant can apply to suspend the eviction and where to go for advice.
We envisage the County Courts setting Bailiff Appointments in date order as to when the initial warrant request was submitted, however there has been no confirmation from the courts in relation to this.

Further information can be found on the Government website here.

If you’d like to know more about how to avoid getting tangled up in the messy eviction process, then get in touch with us on 01945 461116 . We’re happy to provide expert advice on how to manage property investments while staying on the right side of the law.