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The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

S.I. 2021/15 · Made 7 January 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Health, England

Approved by both Houses of Parliament

Made 7th January 2021

Laid before Parliament 8th January 2021

Coming into force 11th January 2021

The Secretary of Statef1 makes the following Regulations in exercise of the powers conferred by sections 45C(1), (2), (3)(c) and 45P of the Public Health (Control of Disease) Act 1984f2.

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.

Annotations to the whole text

Footnotes

f1

The Secretary of State is the appropriate Minister as respects England (section 45T(6) of the Public Health (Control of Disease) Act 1984 (c.22)).

f2

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).

Contents

  1. 1Citation, commencement and application
  2. 2Residential Tenancies (Protection from Eviction)
  3. 3Expiry
  4. Signature
  5. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021.

(2)

These Regulations come into force on 11th January 2021.

(3)

These Regulations apply in relation to England only.

2Residential Tenancies (Protection from Eviction)

(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 1998f1 applies;

(b)

wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985f2;

(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 1985f3;

(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 1988f4; 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 1977f5.

(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 1988; 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 1988.

(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.

3Expiry

These Regulations expire at the end of 21st February 2021.

Signature

Alex Chalk

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

7th January 2021

Explanatory note

(This note is not part of the Regulations)

These Regulations 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, death of the occupant.

The Regulations expire at the end of 21st February 2021.

No impact assessment has been prepared for these Regulations.