Stay on possession and enforcement proceedings extended to 23rd August

Friday 12 June 2020

Renters across England and Wales have been granted a further reprieve from any possible evictions after the government announced that the moratorium on residential possession claims and evictions is to be extended until 23 August 2020.

The extension applies to both private and public sector landlords.

The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020, which enact the changes to the relevant practice direction, comes into force on 25 June 2020, when the previous moratorium was due to expire, ensuring there is no gap in the protection afforded.

This means that the moratorium will have been in place five months since it was first introduced.

In the announcement of the extension, the government further stated that they are consulting with the judiciary to ensure that when evictions do recommence, rules are in place to allow the court to give appropriate protections to those who have been affected by Covid-19.

At present, it is questionable what protections can be put in place to prevent a deluge of possession claims being brought at the end of the moratorium, either via Section 21 (where no reason has to be given by a landlord for repossession) or a mandatory ground for possession under Section 8 (such as being more than two months in arrears on rental payments).

In such claims, provided the correct procedure has been followed, the Court has no discretion but to grant possession of the property.

It is therefore likely that further changes to statute or procedure may be made in the near future to protect renters once the moratorium ends.

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