Property possession proceedings resume – What next?
The stay of proceedings in possession cases, which has been in operation since 26 March 2020, has now come to an end as of 21 September 2020.
Although proceedings are now underway once again, the courts are having to deal with a substantial backlog of cases as a result of the COVID-19 pandemic.
There have also been various changes to the law in regards to the serving of terminations notices, which landlords must now consider.
Under current arrangements, possession claims brought before 3 August 2020 will not be listed, relisted or referred to a Judge until a party files and serves a “Reactivation Notice” confirming that they wish the case to proceed. Landlords have until ‘at least’ 29 January 2021 to serve this new notice should they wish to continue the claim.
The guidance from the courts is that where a Reactivation Notice has been provided by a party before 21 September 2020 the courts are expected to “put it to one side and not deal with it before 21 September 2020; then, on or after 21 September 2020 (as resources allow) the court will process the filing of it unless requested not to do so by the party who provided it.”
Where case management directions were made before 21 September 2020 on an existing claim a party filing and serving a Reactivation Notice “must propose new dates for directions and proposed hearing date, or state that no new directions are required and that an existing hearing date can be met.”
When it comes to the launching of new claims, the guidance states that landlords and tenants should first seek compromise before issuing a notice in line with the latest regulations, which in some cases provide extended notice periods before new claims may be commenced. Where a Pre-Action Protocol applies it should be complied with, and evidence of compliance shown.
Judges have also been given guidance concerning the scheduling of possession claim hearings which prioritises certain cases, such as those dealing allegations of anti-social behaviour, cases with extreme alleged rent arrears accrued and those involving alleged squatters, illegal occupiers or persons unknown.
Property possession proceedings resume – What next?
Those seeking to launch or recommence possession proceedings against a tenant must understand what the latest regulations mean for their individual circumstances, which is why they should seek tailored legal advice beforehand. To find out how we can assist you with the recommencement of proceedings or the issuing of new notices to begin a claim, please contact us.