Sunday 1 November
HLPA believes that the general stay on possession proceedings should be reinstated in the current public health crisis. Furthermore that the 'everyone in' policy should extend and that includes people with NRTPF.
Everyone means everyone.
1/
On 27 March possession proceedings were stayed in order to protect court staff, court users and the general population from effects of the Covid-19 pandemic.

It was recognised that nobody should be evicted into a rapidly developing public health crisis.
2/
The stay was tested in the courts and the principles upheld. The evidence that HLPA provided (link) in those cases remains relevant in full.
http://www.hlpa.org.uk/cms/wp-content/uploads/2020/05/Arkin-v-Marshall-HLPA-evidence.pdf

Proceedings were reopened with significantly modified procedures from 20 September.
3/
It is clear that public health measures taken so far have not brought infection levels down and a further general lockdown for four weeks has now been announced.
4/
It is equally clear that the situation is at least similar to that in March, if not worse with winter imminent. Test and trace remains inadequate.
5/
IMPORTANT: there is nothing in the new possession arrangements that prevent a person who is clinically vulnerable or even clinically extremely vulnerable from being evicted from their home up to 11 December. Judges remain without discretion even in such cases as these.
6/
If it was right to stay proceedings in March then it is right to stay proceedings again now. Nobody should be evicted into the current crisis conditions.

The tier 2-3 and Christmas voluntary moratorium is weak and inadequate - little more than nudging.
7/
Therefore the general stay on possession proceedings should be reinstated in the public interest.
The 'everyone in' policy should extend and that includes people with NRTPF.
Everyone means everyone.

8/8
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