Moratorium on residential and commercial evictions extended

As the Covid-19 pandemic continues to impact both residential and commercial tenants, it comes as little surprise that the Government has extended the moratorium on evictions throughout yet another national lockdown.

Residential evictions

On 8 January, the Government announced that they were extending the moratorium on enforcement of possession orders for at least a further six weeks from 11 January 2021, until 21 February 2021. This extension is made to the existing legislation under The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 and will be kept under review.

There are a limited number of exceptions under which enforcement of possession orders may proceed and are only relevant in the most serious of circumstances.

For further information on residential tenants during the Covid-19 pandemic, follow this link to the Government’s updated guidance note.

Regulations extending the notice period to 6 months for section 21 notice and most section 8 notices remain in place until 31 March 2021. Such regulations do not apply in the most serious of cases, such as anti-social behaviour and domestic abuse.

Commercial evictions

The announcement to extend the moratorium for a landlord’s right of re-entry or forfeiture for non-payment of rent until the end of March 20201 was made by the Government on 9 December 2020. This extension is made under Section 82 of the Coronavirus Act 2020.

Since our article of 3 April 2020 titled ‘FAQs for Commercial Tenants’, the Government has now extended the relevant period - which initially ended on 30 June 2020 – three times.

These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice.