The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1290 |
| Year | 2020 |
2020 No. 1290
Public Health, England
The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020
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 19841.
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)
(a) executing a writ or warrant of possession;
(b)
(b) executing a writ or warrant of restitution; or
(c)
(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)
(a) against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 19982applies;
(b)
(b) wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 19853;
(c)
(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 19854;
(d)
(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 19885; or
(e)
(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 19776.
(3) Paragraph (1) does not apply where the court is satisfied that—
(a)
(a) the case involves substantial rent arrears; and
(b)
(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.
(a)
(a) (4) 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)
(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...
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