Ban on evictions extended for a further two months

It has been announced that there will be an extension to the current suspension on possession actions until the 23 August.

This means that the current stay, which was due to expire on 25 June, will continue until that date preventing possession actions and evictions from taking place until that time.

Possession proceedings will therefore continue to be stayed, and although it is possible to commence new possession claims, these will be put on hold, once issued.  Evictions will also not take place.  This will continue to all possession claims issued in the courts in England and Wales, and apply to commercial, residential and mortgaged properties.

What happens when the ban is lifted?

Ministers are also working with the judiciary to ensure that when evictions and possession proceedings do recommence, arrangements are in place to assist the court in giving appropriate protections for those who have been particularly affected by coronavirus.

At the moment we don't know what those proposals will look like, and indeed whether the courts will be fully open for parties to attend hearings in person, rather than remotely, as is often the case at present.

The government has suggested earlier in the pandemic, that the pre-action protocol which applies to social landlords will be extended to all residential landlords.  Proposals for this have not yet materialised, which would be problematic and it is yet to be seen what the new proposals will look like, especially when a mandatory ground for possession is relied upon.

In the meantime, the three month notice period for most residential tenants will continue until September.

If you need any specific help or advice on your position then please contact Sarah Barratt on 0191 211 7923 or email [email protected]