Posted 21st January 2021
moratorium on evictions
Just like in September, it’s no surprise that the moratorium on evictions has been extended in line with the current lockdown restrictions in place. This applies to both residential and business tenants.
The moratorium has now been extended to 21st February 2021 in England. It covers both evictions and instructing bailiffs to collect goods or money for unpaid rent. Similarly, the new 6 month notice period is to be in place until at least 31 March 2021.
A new statutory instrument issued for England, The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021, provides clarification on when eviction can proceed due to unpaid rent arrears.
There must be arrears outstanding of at least an amount equivalent to 6 months’ rent. It does not specify when these arrears would have been incurred and in order for an eviction to proceed, the court must be satisfied that this applies.
There are still exclusions to the ban, so that eviction can take place in England and Wales where the court is satisfied that an exemption applies, under these circumstances. These are:
Six months’ worth of rent arrears;
Trespassers and squatters (Civil Procedure rules apply);
Offence during a riot; and,
The property was let based on false information provided by the tenant or one of their referees/ guarantors.
Landlords can still apply to their lender for a mortgage payment holidays until 31st March 2021 for deferrals of up to six months’ payments.
The Government line remains that landlords and tenants should work together to reach an agreement which could include reduced rent, flexible payment terms or a short-term reduction in rent. If you feel like you have exhausted all options, contact our litigation department in Wimborne to discuss your situation on 01202 880 382.
Posted Thursday 7th January 2021
Please click here to read the Government reform making it easier and cheaper for Leaseholders to buy their homes.