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Civil Way: 29 January 2021

29 January 2021 / Stephen Gold
Issue: 7918 / Categories: Features , Procedure & practice , Civil way
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Six months’ arrears will do it; ‘There’s a sheriff calling’; MPS at CA; A bit of Brexit

CRUMB FOR LANDLORDS

The ban in England on residential evictions and eviction notice delivery which was extended to 11 January 2021 (see Civil way, NLJ 27 November 2020, p11) has been extended further to 21 February 2021 by the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15). Here’s the crumb for bread-loving landlords. The limited exceptions to the ban have been modified in respect of tenants with rent arrears. At least six months’ arrears accrued before 23 March 2020, as at against the previous nine, will now be sufficient to enable the landlord to be released from the ban. The issue and prosecution of possession proceedings may proceed as may the enforcement of writs and warrants of restitution against those who have returned following eviction. The Ministry of Justice believes that when the court makes an order for possession during the ban period, it will record whether it falls within one of the enforcement exceptions and contemplates an application on notice

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