Repossession Update

25th September 2020

On 20th September 2020, we saw an end to the stay of possession proceedings for tenants and owner occupiers with a mortgage. In March, the Government put an automatic stay on all possession claims filed in the court and ordered that case management directions could only be given if both parties agreed.

Homeowners still have until 31st October 2020 before mortgage lenders can again continue or start possession claims.

Though possession proceedings against tenants and owner occupiers can now proceed, they will remain within the Governments interim measures until 31st March 2021. Any claimant must ensure they follow these rules which include no listing, relisting, hearing or referral in stayed claims without a reactivation notice and that at least 21 days notice must be given, unless the court directs otherwise to the parties of any hearing listed or relisted in response to a reactivation notice.

We understand this may be a concerning time for property owners who have had to delay repossession of their property during this time. If you need advice to clarify the current position and how to move forward in making a claim for possession, or to reinstate an existing claim, contact us on 01392 424242 or email Kim McDonald at .