Evictions will not be enforced by bailiffs in areas with Tier 2 and Tier 3 restrictions

    26 October 2020

    The justice secretary wrote to bailiffs’ trade associations requesting that they do not carry out evictions in areas under Tier 2 and Tier 3 Covid-19 restrictions.

    Bailiffs have agreed not to enforce court orders against tenants living in areas where Tier 2 and Tier 3 Covid-19 restrictions are in place. Eviction proceedings can still take place in the courts.

    Robert Buckland, the justice secretary, wrote to bailiffs’ trade associations requesting that they do not carry out evictions in tier 2 and tier 3.   

    "We would request that your members should instruct the enforcement agents working under their authorisation not to enter properties that are classified as local alert level 2 (high) or 3 (very high), for the purposes of enforcement including taking control of goods and carrying out evictions.”

    The High Court Enforcement Officers Association agreed to the request, with Andrew Wilson, chair of the High Court Enforcement Officers Association, commented that the request was “in line with the interpretation of the guidance that our members had already taken, but it is very useful to have it confirmed in writing from the lord chancellor.”

    This makes it unlikely that any tenants living in areas under tier 2 and 3 restrictions will be evicted until at least 12 January, given the government’s commitment to not to evict any tenants between 11 December to 11 January under the so-called “winter truce”.

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