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.