fbpx

Coronavirus Update for Residential Landlords – March 2021

Mar 11, 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.

Frankie Tierney

Frankie Tierney

Partner, Disputes and Claims

Sign up

Enter your email address for legal updates on Property & Construction Law.

Please see our privacy policy regarding use of your data.


Contact us

    The information you submit will be handled in accordance with our privacy policy.

    We all need to abide by the law and our Insights will help keep you, your family and/or business safe and up to date on how the law affects you.

    Our Insights also include podcast discussions and information about our events and services.

    We will only ever send you information that relates to your preferences and you can opt out at any time.

    Insert your details, then select the updates you wish to receive from the list below.






    Please see our privacy policy regarding use of your data.


    Latest News & Insights

    Top Legal Insights

     

    Contract Law

    Material Breach of Contract

    What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

    Property Law

    Commercial Lease: The Financial impact on Landlord and Tenant

    Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

    Divorce and Family Law

    Divorce in Lockdown: Can I get some discreet legal advice?

    We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

    Land & Property Dispute

    Restrictive Covenants – The Price of Modification

    Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

    Wills, Trusts and Probate

    Why is having a will so important?

    It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2022 by Legal 500 and Alistair McArthur is ranked in Chambers 2021.

    London

    60 St Martins Lane, Covent Garden, London WC2N 4JS 

    +44 (0) 203 755 0557

     

    Camberley

    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL

    +44 (0)1276 686 222

     

    Wokingham (Appointment only)

    4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ

    +44 (0)118 977 4045

    info@herrington-carmichael.com

    © 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

    Privacy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies   |   Client Feedback