COVID-19 Lockdown Regulations

COURTS MAY GRANT EVICTIONS DURING LOCKDOWN

A number of engagements between civil society and government are now reflected in the updated regulations governing the national state of disaster. The new regulations, effective from 18 August 2020, offer more extensive protections to renters and dwellers and, importantly, centre the ‘home’. These regulation were updated as of 15th June 2021.

Eviction Matters:

  1. Landlords CAN make applications at court to evict tenants during the current lockdown level.
  2. It IS possible for courts to hear eviction applications during lockdown under certain circumstances.
  3. The sheriff will not execute an eviction order until the end of the National Disaster (lockdown) unless the court has said that it is “just and equitable” to do so.
  4. The courts are seeing most matters, including non-urgent eviction matters, but are doing so based on relevant safety protocols.
  5. Download the following infographics for more information about Evictions during lockdown: Moratorium Adjusted Alert Level 4 and What to do About an Illegal Eviction During Adjusted Level 4.

Attendance at court: 

  1. No member of the public will be allowed into court - only legal practitioners, the parties to the matter, presiding officer and court staff.
  2. Legal practitioners can still go to court to file documents in existing matters but only if necessary.