Update on Housing Possession Proceedings

The five-month ban placed on all housing evictions in March has led to an anticipated surge in the number of possession proceedings expected to take place from 20th September.

To cope with the heavy backlog of cases, a temporary amendment has been made to the Civil Procedure Rules 1998 which alters the usual process for possession proceedings. These changes will be introduced on 23rd August 2020 and will remain in place until 28th March 2021.

The main changes to the Civil Procedure Rules 1998 are:

• Where the claim includes non-payment of rent, landlords must provide information about their tenant’s circumstances, including the impact the coronavirus pandemic may have had on the tenant.
• Landlords who have already issued possession proceedings and wish to continue with court action must issue a ‘reactivation notice’ to the court and tenant to inform them of their wish to seek possession proceedings in writing.
• The requirement to fix a hearing date eight weeks after a claim form has been issued by the landlord has been suspended.
• Landlords are encouraged to produce a full history of arrears in advance, rather than at the hearing itself.

During this busy period, the Government is encouraging all landlords to prioritise cases involving extreme rent arrears, squatting, domestic abuse, anti-social behaviour, illegal sub-letting, and other urgent cases.

If you are having problems with your landlord or tenant, we can offer sound advice on the appropriate steps to take during this difficult and uncertain time. Our team are knowledgeable, approachable, and keen to work with you to help you reach the best possible outcome. Contact us on 01392 424242 or email .