Extension to Practice Direction 55C

Landlord and tenants are undoubtedly now used to the fact that procedures for residential possessions are ever-moving. Since March 2020 there have been numerous changes to the rules, regulations and procedures involved, all driven by the ongoing state of the coronavirus pandemic.

Ultimately all possession proceedings were ‘stayed’ (halted) until September 2020. When the courts opened up for possession matters again, new procedures were outlined in the Civil Procedure Rules Practice Direction 55C. These included;

  • a requirement for a reactivation notice to be filed before any stayed possession claim would be heard by the court
  • changes to the paperwork needed to apply for a possession order
  • changes to the way the courts themselves would consider possession applications

This practice direction was due to be in force until 28th March 2021 but has now been extended to 30th July 2021. The new regime therefore remains in force until at least that date. Needless to say, it may be further extended in due course.

There have also been some amendments within the practice direction that will affect landlords seeking possession of residential properties.

  • the deadline for filing a reactivation notice for stayed claims which were originally brought before 3rd August 2020 has been extended to 30th April 2021. If no reactivation notice is received by that date, the claim will automatically be stayed.
  • there is no requirement for a reactivation notice where a final possession order has been made
  • the court service has also published new versions of the activation notices that should be used

If you require advice and assistance on any landlord and tenant matters then please contact Fiona Hannaford on call her on 01803 403403.

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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