On 10 March 2021, the Government extended the eviction ban on residential possession proceedings to at least 31 May 2021, and in respect of commercial premises until no earlier than 30 June 2021.
The bans on evictions have been in place since the beginning of the first lockdown in March 2020. The nature of the extension differs for both residential and commercial property:
Until at least 31 May 2021, residential evictions are not permitted, except in specific circumstances, most notably:
- Against trespassers;
- On the ground of anti-social behaviour;
- Where there are substantial rent arrears, equating to six months' rent.
Until at least 30 June 2021, commercial landlords will face restrictions in respect of:
- Commercial Rent Arrears Recovery (CRAR);
- Forfeiture of a Lease;
- Statutory Demands;
- Winding-up petitions.
The extensions will be welcomed by millions of tenants throughout the UK as the country gradually begins its recovery from the current lockdown restrictions. Many residential and commercial tenants have struggled with the economic impacts of Covid-19 over the past year and having this additional time will come as a great relief.
However, landlords now face further months where they are unable to recover rent arrears or retake possession of their property. Many landlords rely on the rental income received from their tenants and the absence of being able to obtain this may leave landlords in a financially difficult position. There are other options available to landlords, and our litigation team offers specialist guidance on taking such action.
If you are a landlord and you would like to evict your tenant, it is important for you to be aware of the options available to you in connection with the tenancy. Alternatively, if you are a tenant and you think that you have been illegally served with an eviction notice, it is important that you seek advice at the earliest opportunity.
As a firm, we continue to monitor the Government's guidance and our experts are on hand to offer advice to both landlords and tenants during this difficult time. We will continue to provide updates as and when they arise.
Our dedicated team is on hand to provide expert advice to you in connection with Landlord and Tenant Law. For more information on the Landlord and Tenant services we offer, please visit our Residential Landlord and Tenant or Commercial Landlord and Tenant web pages.
To book an appointment or to discuss your individual circumstances in further detail, contact us today on 01603 693500 or email us using the 'Make an enquiry' form on our website. To comply with social distancing rules, our team can offer telephone or video appointments from the comfort of your home.
*This article is accurate at the time of writing (12th March 2021). This article is provided for general information purposes only and does not constitute legal advice or other professional advice.