Residential Eviction Ban in England Extended to 21 February 2021

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On 8th January the residential eviction ban was extended and it will be reviewed regularly. The majority of evictions cannot take place in the period and this will come as a further blow to Landlords who have been navigating the many changes to the legal rules and requirements since the Pandemic hit.

With reference to The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 and the updated guidance to account for the current National lockdown, we can see that there are some exceptions to the eviction ban, and these include:

  • Illegal occupation
  • False statement
  • Anti-social behaviour
  • Perpetrators of domestic abuse in the social sector
  • Where a property is unoccupied following death of a tenant
  • Serious rent arrears greater than 6 months’ rent

If you believe that you meet one of the exemption criteria then you can apply to the Court for permission to evict in this time period.

Court proceedings for possessions are continuing and it remains the case that you have until 29th January 2021 to file and serve a Reactivation Notice to re-start any possession proceedings stayed under the government changes. The process for reactivated cases varies depending on the stage it was at before the stay and the nature of the possession claim made.

If you are looking to start a new claim, progress an existing one or if you believe you meet one of the exemption criteria, our team at Bennett Griffin are here to assist and can take your matter through the new process. Contact our experts on 01903 229999 or email us via to discuss your matter.

Disclaimer – Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.