The Government has just announced yet another extension on the ban on evictions until 31 March 2021. The ban was due to come to an end on 22 February. We are still waiting to see details of the regulations but exceptions to the eviction ban will no doubt continue to be in respect of trespassers, where there are substantial rent arrears and where possession orders have been granted on anti-social behaviour grounds.
In a decision that came out last week (Corporation of the Trinity House of Deptford Strong v Prescott and Byrne), a landlord sought to argue before the Court that given the substantial rent arrears that his tenant had accrued (in excess of £70,000), he should be entitled to come within the exception for the ban on evictions, notwithstanding the fact that his possession order was based on his Section 21 Notice rather than based on a rent ground. Even though he had relied on Section 21, the reason for the possession was due to rent arrears, which were substantial. However, the Court was having none of it and held that if a landlord wants to come within the exception, the possession order must be made under rent grounds and not under Section 21.
Should you wish to know whether you are able to bring your case within an exception to the rules against eviction, please do not hesitate to contact Simon Braun or Kathryn Dale who will be pleased to advise.