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 -

• where the court is satisfied that the claim is against trespassers who are persons unknown; or
• where the claim was made wholly or partly on the grounds of anti-social behaviour, nuisance, domestic abuse in social tenancies, false statements, or substantial rent arrears exceeding six months’ rent; or
• cases where the person attending the property is satisfied that the dwelling house is unoccupied at the time of attendance, where the court is satisfied that order for possession was made wholly or partly on the grounds of death of the occupant.

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