Covid-19 Restrictions on Enforcement

Updated January 2021

Covid-19 regulations and rules

To protect the health and safety of our staff and of the people we visit, all our staff adhere to social distancing rules and local lockdown regulations.

Commercial Rent Arrears Recovery (CRAR)

For actions commenced after 25 December 2020 there must be a total of 365 days rent owing.

Forfeiture of Lease

Section 82 of the Coronavirus Act bars forfeiture for rent arrears in England regardless of when the arrears accrued until after 31 March 2021.

This does not include licences and forfeiture for other breaches after the expiry of a valid section 146 notice.

In Wales the effective date is 31 March 2021.

High Court Enforcement of Writs of Control, Writs of Possession, Combined Writs of Control and Possession

Since 23 August 2020, we are able to visit to take control of goods at all properties, residential and commercial. We are also able to take control of vehicles on the Highway.

17 November 2020 the government introduced new legislation.

This legislation has no end date and stops us from entering any residential property in England and Wales until the pandemic is over which may be April or May. This makes enforcement challenging to say the least but not impossible and at least gets you in the queue with priority of writ.

Restrictions and allowances due to the Covid 19 pandemic can be viewed at:

Evictions by Writ of Possession for Trespass

These are not restricted by covid-19, and we continue to evict trespassers.

Commercial and Residential Evictions

All other evictions including residential tenants had restarted from 21 August 2020. However they are again currently banned until 21 February 2021.

This applies unless you have a specific exemption listed on your court order. Once the ban is lifted and provided you have permission to transfer up to the High Court a writ can be obtained. The High Court Enforcement Officer is then required to serve a 14 day notice on the occupiers before the eviction can take place.

Common Law eviction of Travellers and Trespassers

These types of evictions are not restricted by covid-19, and we continue to evict travellers and trespassers.

However, we are required to adhere to social distancing rules and any local lockdown regulations that apply.

Further information

Not sure how this affects you? Get in touch with Quality Bailiffs for advice.

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