New Practice Direction Update Published Regarding Possession Proceedings

We have previously reported that there is currently a stay on possession proceedings which is due to expire on 23 August 2020.

A new Practice Direction will come into force on 23 August 2020 and will expire on 28 March 2021.

This Practice Direction will stipulate the requirements that must be complied with in respect of possession proceedings.  Different requirements will apply depending on when the possession claim was first issued.

 

For possession claims brought before 03 August 2020, one of the parties must serve a “reactivation notice” before the claim is listed, heard or referred to a judge.  This notice must set out various information and state that the party wishes for the case to be listed.  If the claim is based on rental arrears, the Claimant mut provide a rent schedule for the period of 2 years.  The court must then give at least 21 days’ notice of a hearing that has been listed (or relisted) in respect to the reactivation notice.  If neither party serves a reactivation notice prior to 29 January 2021, the claim for possession will automatically be stayed.  There is no need for a reactivation notice where a final possession order has already been made.

For all new or stayed possession claims brought on or after 03 August, if the Claimant is using the accelerated procedure (following service of notice pursuant to Section 21 Housing Act 1988) there is an additional document that must be filed with the claim form (and must then serve before and produce at any hearing).  This is a notice setting out any knowledge that they have as to the effect that covid-19 has had on the tenant or their dependants.

Lastly, the standard 8 week time period between issue and hearing does not apply.

 

For all landlord and tenant advice and guidance, please email Fiona Squire or complete the contact form and Fiona will call you back.

 

The content of this article is correct as at the date of posting and is for information purposes only. Whilst we try and ensure it is accurate we do not warrant or guarantee that this is the case, nor do we accept any responsibility in the event that it is relied on. The information is not intended to be a substitute for legal advice which you are recommended to obtain.

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