uksi/2020/1290 — The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020

2020 No. 1290 Public Health, England The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 Approved by both Houses of Parliament Made 13th November 2020 Laid before Parliament 16th November 2020 Coming into force 17th November 2020 The Secretary of State 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 1984 . 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 Application 1 1 These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020. 2 These Regulations come into force on the day following the day on which they are laid. 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; b executing a writ or warrant of restitution; or c 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 1998 applies; b wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985 ; 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 1985 ; 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 1988 ; 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 1977 . 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 a For the purposes of paragraph (3), a case involves substantial rent arrears if the amount of unpaid rent arrears outstanding at the date on which the order for possession is granted is at least an amount equivalent to 9 months’ rent; and b for the purposes of sub-paragraph (a), any unpaid rent arrears accrued after 23rd March 2020 must be disregarded. 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; b executing a writ or warrant of possession; or c executing a writ or warrant of restitution. Taking Control of Goods 3 No person may use the procedure in Schedule 12 (taking control of goods) of the Tribunals, Courts and Enforcement Act 2007 to take control of goods located inside a dwelling house. Expiry 4 1 Regulation 2 expires on 11th January 2021. 2 Regulation 3 expires upon expiry of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 . 3 This regulation does not affect the validity of anything done or not done pursuant to these Regulations before they expire. Alex Chalk Parliamentary Under-Secretary of State for Justice Ministry of Justice 13th November 2020 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, executing a writ or warrant of restitution 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, false statements, substantial rent arrears that predate 23rd March 2020 or, in cases where the person attending is satisfied that the dwelling house is unoccupied at the time of attendance, death of the occupant. These Regulations also prevent use of the procedure set out in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) to take control of goods located inside a dwelling house. Regulation 2 expires on 11th January 2021 and regulation 3 expires on expiry of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 ( S.I. 2020/1200 ). No impact assessment has been prepared for these Regulations.