Continuing protection for tenants against eviction (the “winter truce”) as national lockdown measures continue

We previously reported here that the Government had put in place measures to prevent evictions taking place over the Christmas period. These measures were due to end on 11 January 2021, however, in light of the current national lockdown they have been extended to 21 February 2021, via the introduction of the Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021.

The new regulations are largely the same as the 2020 version with the same exceptions, including evictions on the basis of “substantial rent arrears”. The key change is to the definition of substantial rent arrears, where the 2020 Regulations defined “substantial rent arrears” as nine months’ rent to have accrued before 23 March 2020, the 2021 Regulations reduce this to six months and there no longer seems to be a requirement for the arrears to have accrued before 23 March 2020.

Measures protecting commercial tenants unable to pay their rent during the COVID-19 pandemic have also been extended. For more information see our latest update here.

If you would like further advice or information about this or other residential tenancy issues, please contact Adina-Leigh Collins or Angus Young in the Grant Saw Landlord and Tenant team.