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Eviction ban now effectively in place till at least 11 January 2021

There has been much speculation about whether the possession stay lifted on 20 September might be introduced again. However this is largely academic now as there is effectively an evictions ban now in force. 

We already knew bailiffs had been asked not to carry out evictions in tier 2 or 3 areas from 21 October 2020. See https://www.linkedin.com/posts/helen-tucker-83212621_lord-chancellors-letter-to-hceoa-activity-6725307536242806784-jRpp

The court service (HMCTS) ran a webinar on possession claims on Monday 2 November during which they said all evictions during national lockdown 2 would be cancelled and no more would be fixed until after the "Christmas truce" (11 Dec to 11 Jan). This has not been publicised and is catching many landlords by surprise. 

There is no exemption for ASB cases for example despite such cases otherwise being classed as priority cases and short notice being allowed again in possession notices. 

Bailiffs have however advised us they can proceed with evictions on unoccupied properties only (though they will no doubt be a very small proportion). 

What is not clear is whether evictions can be applied for now with dates being fixed after 11 Jan 2021 or whether the court will not process applications until after 11 January 2021. As 14 days notice must now be given to occupiers of an eviction date that would mean no evictions till after 25 January..... 

It has also ordered bailiffs not to carry out evictions in areas facing local lockdown restrictions and has plans to introduce a ‘Christmas truce’, which means bailiffs will not carry out evictions between 11 December and 11 January 2021. The government has indicated it will not reinstate the ban on possession proceedings, although a government source told Inside Housing that bailiffs will not enforce evictions during the lockdown period.

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Tags

possession, eviction ban, eviction