Evictions will NOT take place in areas with TIER 2 and TIER 3 Restrictions

On the 21st September 2020, after much uncertainty, the Government allowed courts to resume with claims for possession and therefore, evictions. However, as a result of the Local Covid-19 Alerts, there has been a further development in relation to evictions.

The High Court Enforcement Officers Association (HCEOA) has welcomed the Lord Chancellor’s latest clarification on entering residential properties in the context of the new Local Covid Alert Level system.

The Lord Chancellor has confirmed that HCEOs should instruct enforcement agents “not to enter residential properties in areas that are classed as Local Alert Level 2 (high) or 3 (very high), for the purposes of enforcement including taking control of goods and carrying out evictions.”

Under the new Local Covid Alert Level system, all local authority areas in England are classed as being in Local Alert Level Tier 1 (medium risk) Tier 2 (high risk) or Tier 3 (very high risk).

The Lord Chancellor also thanked the Association for confirming that 100% of its members had backed his previous request not to carry out residential evictions: 

  1. in areas where local lockdown restrictions have placed restrictions on gatherings in residential properties and 

  2. anywhere in England and Wales over the Christmas period from 11 December 2020 until 11 January 2021.

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