2021 No. 164
Public Health, England

The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021

Approved by both Houses of Parliament
Made
Laid before Parliament
Coming into force
The Secretary of State1 makes the following Regulations in exercise of the powers conferred by sections 45C(1), (2) and (3)(c) and 45P of the Public Health (Control of Disease) Act 19842.

These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.

The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.

In accordance with section 45R of that Act, the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and application1.

(1)

These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021.

(2)

These Regulations come into force on 22nd February 2021.

(3)

These Regulations apply in relation to England only.

Residential Tenancies (Protection from Eviction)2.

(1)

Subject to paragraphs (2), (3) and (5), no person may attend at a dwelling-house for the purpose of—

(a)

executing a writ or warrant of possession; or

(b)

delivering a notice of eviction.

(2)

Paragraph (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made—

(a)

against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 19983 applies;

(b)

wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 19854;

(c)

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 19855;

(d)

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 19886; or

(e)

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 Act 19777.

(3)

Paragraph (1) does not apply where the court is satisfied that—

(a)

the case involves substantial rent arrears; and

(b)

the notice, writ or warrant relates to an order for possession made wholly or partly—

(i)

on Ground 1 in Schedule 2 to the Housing Act 1985;

(ii)

on Ground 8, Ground 10 or Ground 11 in Schedule 2 to the Housing Act 19888; or

(iii)

under Case 1 of Schedule 15 to the Rent Act 1977.

(4)

For the purposes of paragraph (3), a case involves substantial rent arrears if the amount of unpaid rent arrears outstanding is at least an amount equivalent to 6 months’ rent.

(5)

Paragraph (1) does not apply where the court is satisfied that the notice, writ or warrant relates to an order for possession made wholly or partly on Ground 7 in Schedule 2 to the Housing Act 19889.

(6)

Where paragraph (5) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before—

(a)

delivering a notice of eviction; or

(b)

executing a writ or warrant of possession.

Expiry3.

These Regulations expire at the end of 31st March 2021.

David Wolfson
Parliamentary Under-Secretary of State for Justice
Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations renew the provisions in the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 202110 and prevent, 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.

The specified circumstances are where the court is satisfied that the claim is against trespassers who are persons unknown or where it was made wholly or partly on the grounds of anti-social behaviour, nuisance, domestic abuse in social tenancies, false statements, substantial rent arrears exceeding 6 months’ rent or, in cases where the person attending is satisfied that the dwelling-house is unoccupied at the time of attendance, the death of the occupant.

The Regulations expire at the end of 31st March 2021.

No impact assessment has been prepared for these Regulations.