Lockdown 3.12 – GCs made later on 23 March.

Two new GCs later on the 23 March, all changes concerning moving home.

GC 2021/0064 deals with restrictions on movement. There are a number of changes to particular reasons justifying leaving home, all based on moving home.

Firstly, voluntary moves. It will be recalled that the justification based on a contractual obligation to move house was, with one very specific change of date, only applicable where a contractual obligation existed before lockdown 3 began. This has now been changed. The ground now covers moving to a new home (freehold or leasehold) “where that move is reasonably necessary to avoid financial detriment to the person for failing to comply with a contractual obligation or a term of a mortgage offer” (para.5(1)(l)). So a person may enter into a voluntary contractual obligation during the lockdown, which will then expose them to a financial detriment, that detriment then justifying leaving home to move house. This is the only financial detriment incurred since the start of the lock-down which operates in itself as a justification for leaving home – although we might argue that other grounds which do not refer to financial loss would result in financial loss if not recognised, the link is nowhere near as straightforward. For instance a tradesperson may carry out (paid) work at the home of another person, but only if essential for the safety of the property or the health and wellbeing of the residents (para.5(1)(ff)). Being able to move home having committed to doing so since the start of a lock down is not new (it was the case in January for instance). Previous iterations did not require that moving house would avoid a financial detriment (see for instance GC 2021/0018 para.3(1)(l)) The explicit recognition of financial detriment (which can include loss of profit as well as loss) as the basis for an exception may be controversial.

Secondly, involuntary moves. These are covered by para.5(1)(t), which is unchanged, and allows amongst other things people who reasonably believe themselves at risk of domestic abuse to move to other accommodation. For involuntary moves only meeting a landlord or agent at a rental premises to which the person is considering moving is now justified for both the mover and the landlord/agent (para.5(1)(u) and (v)). It is noteworthy that this section does not require that the premises to be viewed should be vacant.

GC 2021/0065 covers gatherings. The section dealing with support bubbles is tidied slightly (e.g. para 13.1.2). The new ground in the movement GC allowing viewing of properties by involuntary movers is recognising as a justification for meeting, but only in “a vacant dwelling” (para.24). The interaction of this with the new sections discussed just above make me think that an involuntary mover and a landlord may meet outside an occupied dwelling, but may enter a vacant dwelling together.