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.