Extension to protection from residential evictions in Wales

This article has been provided by a contributor to the site. Any views expressed are the views of the individuals themselves and not necessarily the Welsh Government.

This article was written by Nicola Lawrence and Llinos Davies, members of the Property Dispute Resolution Team of Geldards LLP.

The Welsh Government has recently announced that protection from eviction for residential tenants in Wales has been extended until 30 June 2021.

The Public Health (Protection from Eviction) (No 2) (Wales) (Coronavirus) Regulations 2021 (“the Regulations”) will come into force on 1 April 2021.

The Regulations renew the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 which expire on 31 March 2021.

The effect of the Regulations is to prevent enforcement officers from attending a dwelling house in Wales for the purpose of executing a writ or warrant of possession or restitution, or delivering a notice of eviction, save in certain specified circumstances, until 30 June 2021.

The Regulations adopt the same exceptions as the previous regulations, namely that evictions may still be carried out where a Court is satisfied that the notice, writ or warrant relates to an order for possession made against trespassers who are persons unknown, or relates wholly or partly on the following grounds:

Anti-social behaviour under section 84A of the Housing Act 1985 (HA 1985)
Ground 2 (nuisance) or Ground 2A (domestic abuse) in Schedule 2 to the HA 1985
Ground 7 (death of tenant with no right of succession) (so long as the person attending has taken steps to satisfy themselves that the property is unoccupied)
Ground 7A (anti-social behaviour)
Ground 14 (nuisance) or Ground 14A (domestic abuse) in Schedule 2 to the Housing Act 1988 (HA 1988)
Case 2 (nuisance) in Schedule 15 to the Rent Act 1977

This document is intended solely as an overview of the law in England and Wales as at 31 March 2021. No responsibility can be accepted for the completeness or accuracy of this briefing note and professional advice should be taken in relation to any specific matter. Geldards LLP is a limited liability partnership registered in England and Wales (OC313172) and is authorised and regulated by the Solicitors Regulation Authority. A list of Geldards LLP members is available for inspection at their registered office at 4 Capital Quarter, Tyndall Street, Cardiff, CF10 4BZ. They use the word ‘Partner’ to refer to a member of the LLP or an employee of an equivalent standing and qualification.