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22 March, 2021 Open access

Eviction ban in England extended until 31 May 2021

New statutory instrument also extends protection from eviction to mortgage cases previously protected under FCA guidance

New regulations have been issued in England that extend the ban on most evictions until 31 May 2021.

In force from 30 March 2021, the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021 (SI.No.362/2021) (the amendment regulations) extend provisions preventing, except in specified circumstances, attendance at a dwelling-house for the purpose of executing a writ or warrant of possession or delivering a notice of eviction - that are in force until 31 March 2021 under the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 (SI.No.164/2021) (the principal regulations) for residential tenancies - so they remain in force until the end of 31 May 2021.

The principal regulations specify the circumstances where enforcement action may take place as -

In addition, the explanatory memorandum to the amendment regulations advises that, in order to provide protection for homeowners on the expiry of Financial Conduct Authority (FCA) guidance - that includes advice that, while firms can commence or recommence repossession proceedings, they should not seek, or enforce, a warrant for possession or a warrant of restitution before 1 April 2021, except in exceptional circumstances - evictions in repossession cases will still be restricted by the terms of the new regulations until 31 May 2021.

SI.No.362/2021 is available from legislation.gov.uk