The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020
Residential Tenancies (Protection from Eviction)
Enforcement agents may not serve notice of eviction unless the order for possession is made:
- Against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998(2) applies
- Wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985
- Wholly or partly on ground 2, 2A or 5 of schedule 2 of the Housing Act 1988
- Wholly or partly on ground 7 of schedule 2 of the Housing Act 1988 – the enforcement agent must take reasonable steps to ensure the residential premises are empty before serving notice or enforcing the writ/warrant of possession
- Wholly or partly on ground 7A, 14, 14A or 17 of schedule 2 of the Housing Act 1985
- Wholly or partly on case 2 of schedule 15 of the Rent Act 1977
- Where there are substantial rent arrears.
Substantial Rent Arrears
A landlord may only evict a tenant where there are substantial rent arrears. What amounts to substantial rent arrears has now been clarified as being the equivalent of at least 9 months rent outstanding. Those arrears must have been accrued before 23rd March 2020 (i.e. Pre Covid). Any unpaid rent arrears which accrue after 23rd March 2020 must be disregarded.
In November 2019, we launched this innovative offering for clients seeking access to advice for an agreed annual fee.
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
