Legal update: Further stay in evictions

The Government has confirmed a further extension to the stay of evictions to the 31 March. The current stay was due to expire on 22 February. The regulations confirming this are yet to be published and there may be some amendments to the exceptions as there was when the stay was extended in January. As soon as the regulations have been published a further update will be provided. Housing Secretary Robert Jenrick confirmed that the ban would remain in place for all but the most serious cases.

The current exemptions to the eviction ban are:

  1. Possession orders against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998 applies
  2. Wholly or partly under S84A (absolute ground for possession for anti-social behavior) of the Housing Act 1985
  3. 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
  4. 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
  5. 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 Act1977
  6. Wholly or partly on Ground 7 in Schedule 2 to the Housing Act 1988 AND the person attending the dwelling house is able to satisfy themselves that the dwelling house is unoccupied
  7. If a case involves a substantial rent arrears if the amount of unpaid rent arrears outstanding is at least an amount equivalent to six months’ rent

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