2021 No. 164
The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021
Approved by both Houses of Parliament
Made
Laid before Parliament
Coming into force
The Secretary of State M1 makes the following Regulations in exercise of the powers conferred by sections 45C(1), (2) and (3)(c) and 45P of the Public Health (Control of Disease) Act 1984 M2.
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.
1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14).
Citation, commencement and applicationI11
1
These Regulations may be cited as the Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021.
2
These Regulations come into force on 22nd February 2021.
3
These Regulations apply in relation to England only.
Residential Tenancies (Protection from Eviction)I22
1
Subject to paragraphs (2), (3) and (5), no person may attend at a dwelling-house for the purpose of—
a
executing a writ or warrant of possession; or
b
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
against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998 M3 applies;
b
wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985 M4;
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 1985 M5;
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 1988 M6; or
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 1977 M7.
3
Paragraph (1) does not apply where the court is satisfied that—
a
the case involves substantial rent arrears; and
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 M8; or
iii
under Case 1 of Schedule 15 to the Rent Act 1977.
4
For the purposes of paragraph (3), a case involves substantial rent arrears if the amount of unpaid rent arrears outstanding is at least an amount equivalent to 6 months' rent.
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 1988 M9.
6
Where paragraph (5) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before—
a
delivering a notice of eviction; or
b
executing a writ or warrant of possession.
ExpiryI33
These Regulations expire at the end of F131st May 2021.
The Secretary of State is the appropriate Minister as respects England (section 45T(6) of the Public Health (Control of Disease) Act 1984 (c. 22)).