Residential Tenancies (Protection from Eviction)2

1

Subject to paragraphs (2) and (3), no person may attend at a dwelling-house for the purpose of—

a

executing a writ or warrant of possession;

b

executing a writ or warrant of restitution; or

c

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 19982 applies;

b

wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 19853;

c

wholly or partly on Ground 2 or Ground 2A in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) to the Housing Act 19854;

d

wholly or partly on Ground 7A, Ground 14 or Ground 14A in Schedule 2 (grounds for possession of dwelling-houses let on assured tenancies) to the Housing Act 19885;

e

wholly or partly on Ground 7 in Schedule 2 (ground for possession where tenant dies and no right of succession) to the Housing Act 19886; or

f

wholly or partly under case 2 of Schedule 15 (ground for possession of dwelling-houses let on or subject to protected or statutory tenancies) to the Rent Act 19777.

3

Where paragraph 2(e) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before carrying out those matters set out in regulation 2(1)(a), (b) or (c).