Extension to residential landlord and tenant moratorium
The ban on the execution of writs and warrants of possession was due to end 11 January 2021 (residential properties). However, once more, the Government has announced a further ban which comes into effect 11 January 2021 and will be extend the ban until at least 21 February 2021 via The Public Health (Coronavirus) (Protection from Eviction)(England) Regulations 2021. The existing exceptions to this remain – trespass claims under CPR 55.6 and possession claims based on anti-social behaviour and domestic abuse grounds remain.
One small change from the previous Regulations is that one exception to the ban is stated as where the Court is satisfied that ‘the case involves substantial rent arrears’ which are defined as where ‘a case involves substantial rent arrears if the amount of unpaid rent arrears outstanding is at least an amount equivalent to 6 months’ rent’. A change from 9 months arrears to six months arrears and there is no stipulation that the amount of the arrears after 23 March 2020 can’t be counted or that the arrears must be at the date of the possession order. A small glimmer of light for landlords.