Eviction Case Completed Under Special Circumstances During Coronavirus Restrictions
February 26, 2021
Category: News
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While coronavirus legislations are currently in place preventing most evictions, our property team recently completed the eviction of a tenant from a flat in South Manchester due to the case meeting special circumstances.
Our client first obtained the Order for Possession in March 2020, and as the debtor remained in situ, in September 2020 they requested the matter be transferred to the High Court for enforcement. Despite a Writ of Possession being issued by the Manchester District Registry in October 2020, we were unable to enforce at this stage due to government restrictions.
However, given the Order was made on grounds of rent arrears, which exceeded six months, our client believed the requirements of 'Section 2(3) of The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations' for an exemption due to substantial arrears were met. They subsequently applied to the Manchester District Registry for permission to enforce during the moratorium.
On 18 January 2021, we hand delivered the Notice of Eviction to the property giving the occupants 14 days to vacate. We then returned to the property immediately on expiry of the notice with a local locksmith and successfully took possession.
Alex Hill, Andrew Wilson & Co.'s Property Services Director: "Despite the restrictions, we're still helping clients with cases like this, and trespasser removals, in accordance with the current guidelines. We are starting to see more claims satisfy the exemption criteria originally laid out in Statutory Instrument No.15 of 2021 as we look ahead to the lifting of restrictions after 31 March 2021."
If you think we can help in the meantime, please contact our Property Team:
Alex Hill - 07471 037104 – Email: alex.hill@andrewwilsonandco.com
Chris Miller - 07775536195 – Email: chris.miller@andrewwilsonandco.com
