Coronavirus Update for Residential Landlords – March 2021

The Government has taken early action to further extend the ban on bailiffs enforcing Warrants of Possession [carried out by Court bailiffs after a tenant has ignored a Possession Order] on Residential Properties.

In February the ban was extended to 31 March 2021 but that has now been pushed out to 31 May 2021.

It is not entirely clear whether the exemptions will be widened – currently evictions can still go ahead if a Court is satisfied that the Notice, Writ or Warrant relates to a Possession Order made:

• Against trespassers to which CPR 55.6 applies; i.e. the stereotypical squatter where the proceedings have been issued against “persons unknown” as their actual identity is not established.
• Wholly or partly on the grounds of anti-social behaviour, nuisance, domestic violence or false statements.
• On the death of the tenant where the person attending is satisfied that the dwelling house is unoccupied.
• Where the rent arrears exceed 6 months

When applying for the Bailiffs Warrant under one of the above exceptions, you still have to provide the Bailiffs with as much information as you can about any COVID implications.

The obligation to give the extended time when serving Notices to end your tenants Assured Shorthold Tenancies will continue until 31 May 2021 albeit like the eviction ban there is plenty of scope for those dates to be moved again.

Our Dispute Resolution Team will continue to provide updates and can be contacted on DRTeam@herrington-carmichael.com or 01276 686222.

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.