Legislation – The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021
Changes to legislation:
There are currently no known outstanding effects for The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021, Section 2.
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Residential Tenancies (Protection from Eviction)2.
(1)
Subject to paragraphs (2), (3) and (5), no person may attend at a dwelling-house for the purpose of—
(a)
executing a writ or warrant of possession; or
(b)
delivering a notice of eviction.
(2)
Paragraph (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made—
(a)
against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998 M1 applies;
(b)
wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985 M2;
(c)
wholly or partly on Ground 2, Ground 2A or Ground 5 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) to the Housing Act 1985 M3;
(d)
wholly or partly on Ground 7A, Ground 14, Ground 14A or Ground 17 in Schedule 2 (grounds for possession of dwelling-houses let on assured tenancies) to the Housing Act 1988 M4; or
(e)
wholly or partly under Case 2 of Schedule 15 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) to the Rent Act 1977 M5.
(3)
Paragraph (1) does not apply where the court is satisfied that—
(a)
the case involves substantial rent arrears; and
(b)
the notice, writ or warrant relates to an order for possession made wholly or partly—
(i)
on Ground 1 in Schedule 2 to the Housing Act 1985;
(ii)
on Ground 8, Ground 10 or Ground 11 in Schedule 2 to the Housing Act 1988 M6; or
(iii)
under Case 1 of Schedule 15 to the Rent Act 1977.
(4)
For the purposes of paragraph (3), a case involves substantial rent arrears if the amount of unpaid rent arrears outstanding is at least an amount equivalent to 6 months’ rent.
(5)
Paragraph (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made wholly or partly on Ground 7 in Schedule 2 to the Housing Act 1988 M7.
(6)
Where paragraph (5) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before—
(a)
delivering a notice of eviction; or
(b)
executing a writ or warrant of possession.