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Landlords - Prepare for Reactivation!
Landlords and tenants will be acutely aware of the stay imposed on Possession Proceedings. The stay is scheduled to end on the 23 August 2020. The big question though is what happens next?
In short the answer is the new temporary Practice Direction 55C supplementing the Civil Procedure Rules.
How then will this new Practice Direction affect Landlords and Tenants in relation to Possession Claims?
Pursuant to the above a claim for possession which was issued earlier this year is going to require a "Reactivation Notice". The Notice will confirm whether or not the party wishes the matter to listed, re-listed, heard or referred to a Judge. The Notice will also need to set out what knowledge the party has as to the effect of the Coronavirus pandemic on the Defendant and their dependents.
Save for proceedings which relate to an Appeal when a "Reactivation Notice" is filed and served if a Landlord is intending to rely upon rent arrears, then the Landlord must serve a rent schedule for the previous two years.
In relation to claims which were stayed and no "Reactivation Notice" is filed by the 29 January 2021, that claim will automatically be stayed.
The new Practice Directions goes on to explain how matters will be listed, time frames and if appropriate strict compliance with any Pre-Action Protocols.
The above Practice Direction is a temporary modification to Part 55 of the Civil Procedure Rules and is due to end on the 28 March 2021.
Landlords and Tenants affected by the above should look to obtain legal advice on the procedures going forward.
Chattertons Solicitors have a specialist Housing Team who can be contacted via:-
Key contacts:-
Nigel Bescoby Chartered Legal Executive 01522 781474
Annette Wood Solicitor 01522 781476
Andrew Morley Chartered Legal Executive 01522 551154
This blog is written to raise awareness of the issues. While every effort has been made to ensure it is accurate at the time of publication it may not be updated even if the law changes. It is not intended to be specific legal advice and cannot be relied upon as such. Chattertons are not responsible or liable for any action or not taken as a result of this blog.