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• Litigation, Real Estate Litigation, Landlord & Tenant
• Author: Ranjeet Johal

The Winter Truce

1. Why has this come into effect?

There has been recent talk of a “Winter Truce”, preventing residential tenants from being evicted during the Christmas Period. Accordingly, the Secretary of State has exercised powers conferred by prior legislation to make these regulations (exercised by statutory instrument[1]).

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[1] Public Health (Control of Disease) Act 1984, s.45P,

2. When does this take effect and for how long?

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 come into force as of 17 November 2020 and cease to have effect on 11 January 2021 (the ‘Impacted Period’).

3. Who will this affect?

Landlords of residential tenancies in England

During the Impacted Period, if you have a warrant, you will not be able to have a bailiff attend your property for the purpose of executing a writ or warrant of possession or to deliver a notice of eviction, unless any of the exceptions specified below apply.

If you have an order of possession but no warrant, there are likely to be further delays and a backlog of bailiff appointments that unable to be carried out during the Impacted Period. 

Tenants in residential tenancies in England

If you are a tenant and a warrant has been issued for possession of the property within which you reside, this will mean that a bailiff will not be able to attend the property during this period to evict you.

If an appointment has been made for a bailiff to attend during the Impacted Period and this has been notified to you previously, this should not go ahead and any person or bailiff purporting to evict you during the Impacted Period should be turned away. This does not mean that you will not be evicted once the relevant period has passed. A bailiff not being able to attend your property does not decrease or impact your liability to pay rent which exists for as long as you are residing in the property and/or subject to a tenancy which provides the same.

4. Which matters are likely to be affected?

Possession claims where a writ or warrant of possession has been issued and a bailiff appointment has been provided either during or prior to the Impacted Period but the warrant was not executed

Possession claims where a writ or warrant of possession has been issued but no bailiff appointment has been provided yet.

Any claims relating to or involving taking control of goods within a residential dwelling.

5. How will this affect your matter?

You will have to wait till after the Impacted Period before bailiffs can be chased to provide new appointment dates for which they can execute warrants. This is of course subject to any further regulations being implemented which extend the Impacted Period i.e. beyond 11 January 2021.

6. Are there any exceptions?

The restriction on entering a residential property for the purpose of executing a writ or warrant of possession or a writ or warrant of restitution does not apply if the court is satisfied that the warrant related to:

• trespassers;
• possession which was sought wholly or partly due to anti-social behaviour[1];
• possession which was sought under grounds for dwelling houses let under secure tenancies;
• possession which was sought under grounds for dwelling houses let on assured tenancies; or
• possession which was sought under grounds for dwelling-houses let on or subject to protected or statutory tenancies.

This article is co-authored by Ranjeet Johal and Nimrah Naseem of Mills Chody LLP.

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[1] Housing Act 1985, s.84A

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