Post Covid Possession Proceedings
All court proceedings where stayed from March 2020 due to new legislation introduced to prevent tenants being evicted during the lockdown. This had a dramatic knock on effect to landlords seeking possession for any reason, including historic rent arrears, but also landlords who required the property back to avoid themselves from becoming homeless. Courts will begin to hear possession cases again from the 24th August, following a five month ban on evictions.
The strict procedures landlords must now follow when bringing forward possession cases were laid out by the Government recently, detailing what landlords need to do under new Civil Procedure Rules.
In preparation for the courts reopening in the next few weeks, a new Practice Direction (55C) comes into force from 23 August 2020, covering both the possession cases that could not continue during this time and new possession claims started on or after 3 August 2020.
Possession claims bought before 3rd August
In relation to a stayed possession claim brought before 3 August 2020:
The claim will not be listed, heard or referred to a judge until one of the parties serves a "reactivation notice", stating that they wish the case to be listed, relisted, heard or referred.
The court must give at least 21 days' notice of any hearing listed or relisted in response to a reactivation notice.
If no reactivation notice has been served by 29 January 2021, the claim will be automatically stayed.
No reactivation notice will be required where a final possession order has been made.
Possession claims bought on after 3rd August
A reactivation notice is not needed for possession claims started on or after 3rd August. While applications to court are made in the normal way, a notice is required, stating what information is known (if any) regarding the impact the coronavirus has had on the tenant/s.
Landlords who have applied to court for a hearing should bring this notice with them, and the notice must be served upon the tenants no later than 14 days before the date of the court hearing.
Landlords who are making an application using the accelerated possession procedure (the N5B form) should attach the notice to the N5B forms rather than brought to court. This is because accelerated possession proceedings are referred to a judge to review and neither you or the tenant need be present for this.