The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021

• Citation: S.I. 2021/12 (W.)
• Sections: 3

Section 1 Title, commencement, application and interpretation

(1) The title of these Regulations is the Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021.

(2) These Regulations come into force on 11 January 2021.

(3) These Regulations apply in relation to Wales.

(4) In these Regulations, “dwelling-house” has the same meaning as in the Housing Act 1985 , the Housing Act 1988 or the Rent Act 1977 , as the case may be.

Section 2 Residential tenancies (protection from eviction)

(1) Subject to paragraphs (2) and (3), no person may attend at a dwelling-house for the purpose of—

(a) executing a writ or warrant of possession,

(b) executing a writ or warrant of restitution, or

(c) delivering a notice of eviction.

(2) Paragraph (1) does not apply where the court is satisfied that the writ, warrant or notice relates to an order for possession made—

(a) against trespassers pursuant to a claim to which rule 55.6 (service of claims against trespassers) of the Civil Procedure Rules 1998 applies,

(b) wholly or partly under section 84A (absolute ground for possession for anti-social behaviour) of the Housing Act 1985 ,

(c) wholly or partly on Ground 2 or Ground 2A in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) to the Housing Act 1985 ,

(d) wholly or partly on Ground 7A, Ground 14 or Ground 14A in Schedule 2 (grounds for possession of dwelling-houses let on assured tenancies) to the Housing Act 1988 ,

(e) wholly or partly on Ground 7 (ground for possession where tenant dies and no right of succession) in Schedule 2 to the Housing Act 1988 , or

(f) wholly or partly under Case 2 of Schedule 15 (ground for possession of dwelling-houses let on or subject to protected or statutory tenancies) to the Rent Act 1977.

(3) Where paragraph (2)(e) applies, the person attending at the dwelling-house must take reasonable steps to satisfy themselves that the dwelling-house is unoccupied before carrying out those matters set out in paragraph (1)(a), (b) or (c).

Section 3 Review and expiry

(1) The Welsh Ministers must review the need for the restrictions and requirements imposed by these Regulations, and whether those restrictions are proportionate to what the Welsh Ministers seek to achieve by them—

(a) at least once in the period from 11 January 2021 to 28 January 2021;

(b) at least once in each subsequent period of 21 days.

(2) These Regulations expire at the end of the day on 31 March 2021.