Residential evictions: A further update
The “winter truce” on evictions was due to end on Monday 11 January 2021, at which point landlords would have been permitted to re-start the eviction process and instruct bailiffs to attend their properties. This date has been extended again.
On 8 January 2021 the Government announced that there will be further restrictions on evicting residential tenants.
The “winter truce” on evictions was due to end on Monday 11 January 2021, at which point landlords would have been permitted to re-start the eviction process and instruct bailiffs to attend their properties.
The latest announcement extends the eviction ban until 21 February 2021, although it is anticipated that these measures may remain in place for the entire period of the third national lockdown. The end-date is therefore likely to be kept under review. The announcement of these restrictions perhaps comes as no surprise, as it was already established that bailiffs could not attend properties to evict tenants in any Tier 2, 3 or 4 area.
There are some important exemptions and developments to be aware of. In particular, the updated regulations provide that evictions can be carried out where the court is satisfied that the eviction relates to an order for possession involving rent arrears where the amount outstanding is at least 6 months, regardless of when those arrears accrued.
Other limited circumstances in which evictions can proceed include situations involving; nuisance; domestic abuse; anti-social behavior; false statements; and unoccupied property following the death of a tenant. Possession claims against trespassers can also still go ahead.
It is important to note that the restrictions only prevent the physical eviction of a tenant. Landlords are, at present, able to commence eviction proceedings with the courts and should consider this a possibility to “get the ball rolling”, ready for when the restrictions are lifted.
The Government advice remains the same, suggesting that tenants and landlords should look to reach an amicable solution (i.e. agreements in terms of the repayment of rent arrears) prior to seeking recourse through the courts. Of course, this is not always possible. Therefore, whether you are a landlord or a tenant, if you require assistance with an eviction please do not hesitate to contact our Property Disputes Team by email or by calling 01603 610911. We will be happy to advise and assist you throughout the process.
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After an extended period of back-and-forth amendments between Parliament and the House of Lords, on 16 December 2025, the ERB finally received approval from the House of Lords, with the formality of Royal Assent due to take place tomorrow (18 December 2025). Head of LP Employment, Dan Chapman, explains...
Autumn Budget 2025: Agricultural Property Relief & Business Property Relief Changes
It was announced in the 2025 Budget that from 6 April 2026, changes will be made to agricultural property relief and business property relief. These changes bring APR and BPR in line with the nil-rate band rules, meaning unused allowances can be transferred to a surviving spouse or civil partner. This is a significant step towards making estate planning easier for families who own farms or businesses.
The Employment Rights Act 2025 is expected to come into force tomorrow (18 December 2025)
After an extended period of back-and-forth amendments between Parliament and the House of Lords, on 16 December 2025, the ERB finally received approval from the House of Lords, with the formality of Royal Assent due to take place tomorrow (18 December 2025). Head of LP Employment, Dan Chapman, explains...
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