The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 came into force on 17^th November 2020. The regulations relate to England only.

The regulations confirm there will be no residential evictions until 11^th January 2021, unless the possession order was on the following basis:

• Trespass (pursuant CPR 55.6)
• Antisocial behaviour; (Grounds 7A, 14, Schedule 2 Housing Act 1988)
• False statement (Ground 17 Schedule 2 Housing Act 1988)
• On the basis of domestic abuse (Ground 14A Schedule 2 Housing Act 1988)
• Substantial rent arrears which amount to at least 9 months of rent unpaid when the possession order was granted, on the basis of grounds 8,10,11Schedule 2 to the Housing Act 1988 (*Please note that any unpaid rent arrears accrued after 23rd March 2020 must be disregarded.)
• The property is unoccupied following the death of the tenant (Ground 7 Schedule 2 to the Housing Act 1988)

That said, the Court must still provide the tenant with 14 days’ notice for any eviction and given the significant backlog and ongoing uncertainty with the second lockdown, it is still unclear how the regional courts will implement the new regulations. We have sent an open letter to a number of Court Managers within the Northern Circuit seeking further clarification.

Should any such clarification be forthcoming we will update you further!