Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

Lord Bhatia Excerpts

Tuesday 2nd February 2021 Lords Chamber

[Lord Bhatia (Non-Afl) [V]]

The Government have extended protections against the enforcement of residential evictions until at least 21 February 2021, because of the third national lockdown in England. These measures have been criticised by Labour and others for not going far enough to prevent renters losing their homes during the pandemic. On 8 January 2021, the Government announced that, in view of the new national lockdown, they would extend the ban on bailiff-enforced evictions in England for at least six weeks. The regulations came into force on 11 January 2021. Both Houses of Parliament must approve them by 3 February 2021 for them to continue in force.

The regulations prevent enforcement of evictions through bailiffs attending residential premises in England to execute a writ or warrant of possession or to deliver a notice of eviction. However, evictions and repossessions can continue to take place where a court is satisfied of an exemption, such as a claim against a trespasser, or that the order of possession was made, wholly or partly, on the grounds of anti-social behaviour, nuisance, false statements, domestic abuse in social tenancies or substantial rent arrears for six months, or on the death of the tenant, or when the property is unoccupied when the person attends.

The Government have said that restricting the enforcement of evictions would help control the spread of infection and prevent additional burdens falling on the NHS. These regulations will expire on 21 February 2021. They are necessary, but stopping evictions for a few weeks and reviewing the regulations again must cause considerable anxiety and mental health problems for those who are genuinely in arrears because they have lost their jobs. The processes described will benefit only lawyers and are an unnecessary waste of court time. Will the Minister confirm whether he will reconsider the regulations, as there is evidence that the pandemic will surge, again and again, until over 70% of the population has been vaccinated?