23rd August Possession Proceedings Resume

July 2020

The general stay imposed on all possession proceedings imposed during the pandemic comes to an end on 23rd August 2020.

For existing claims stayed under the pandemic rules, if no possession order has yet been made, the court will not relist any cases  automatically.  In order to bring  a  possession case back to life the Claimant will need to file and serve a reactivation notice in accordance with CPR Practice Direction 55C  (https://www.judiciary.uk/wp-content/uploads/2020/07/CPR-123rd-PD-Update-PD55C-SIGNED.pdf)

If a new claim is brought after 23rd August and for stayed claims brought on or after 3 August 2020, there are new requirements relating to notice. The new rules regarding this are set out below.

In any claim (whether a new claim or a stayed claim) brought on or after 3 August 2020, the Claimant must—
(a) bring to the hearing two copies of a notice—
(i) in a claim to which the Pre-Action Protocol for Possession Claims by Social Landlords is applicable, confirming that the Claimant has complied with that Pre-Action Protocol and detailing how the Claimant has done so; and
(ii) in all claims, setting out what knowledge that party has as to the effect of the Coronavirus pandemic on the Defendant and their dependents; and
(b) serve on the Defendant not less than 14 days prior to the hearing the notices referred to in sub-paragraph (a) setting out what knowledge that party has as to the effect of the Coronavirus pandemic on the Defendant and their dependents.

For accelerated possession claims there are also extra notice requirements. For these claims the following applies.
In any claim (whether a new claim or a stayed claim) brought on or after 3 August 2020 to which Section II of Part 55 applies the Claimant must file with the claim form for service with it a notice setting out what knowledge that party has as to the effect of the Coronavirus pandemic on the Defendant and their dependents.

For more information about landlord and tenant law please contact our partner Jonathan Lynn who is an expert in this area.