This week marked the end of the automatic Stay imposed on all Residential Possession Claims as a result of the life changing effects of coronavirus. The Coronavirus Act 2020 and the new Practice Direction 55C (PD55C) of the Civil Produce Rules, has significant implications for landlords and tenants of both commercial and residential premises. It substantially affects the ability of landlords to recover possession. In fact, most proceedings for possession – or enforcement of an order for possession – of property were stayed from 27 March 2020 up to 20 September 2020. The stay is over.
All Claimants or Defendants in Possession Claims can now to apply to the Court using a brand-new piece of kit known as a “Reactivation Notice” which should bring the claim back to life (if approved by the Court). The new PD55C explains the procedure. As with all of the Civil Procedure Rules, it is easily digestible and something that all litigants, represented or not, should be able to understand. We have been instructed to prepare Reactivation Notices for clients and had drafted our own form of notice, shortly before the Court decided to issue their own standard form. An example form can be found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/917819/reactivation-notice-claimant.pdf
One interesting point to note is that the party applying for the case to be reactivated has to let the Court know – amongst other things – how Coronavirus has affected the other party and their dependants. If they do not know, they are advised to take the time to find out! It would be very interesting to see some of the responses given to that question in the Reactivation Notices landing in Court offices around the country this week. We expect the Court will be inundated with these Reactivation Notices. Litigants are given an opportunity to tick a list of reasons for urgency. Unfortunately, if you cannot cite any of those grounds to be moved to the front of the queue, you can expect a very, very long wait indeed!
It remains to be seen how the Courts are going to cope with the influx of possession proceedings that were held in stasis for 6 months. Watch this space for the next possession hearing.
If you are involved in possession proceedings either as a landlord or tenant, you can speak to our property team at Lewis Francis Blackburn Bray on 01142729721