After much commentary in the housing press in recent days, we are aware that this morning, Friday 21 August 2020, the Civil Procedure Rules Committee approved a further amendment to the Court Rules, extending the current stay on possession proceedings until 20 September 2020. This is simply awaiting a Statutory Instrument to be laid by Parliament to bring the changes in; therefore, the position could change but the possibility of this is very slim.
The original possession stay was due to expire on Sunday 23 August 2020, so this is a very late U-turn by the Government, as preparations were well underway by Landlords and the Court Service alike to bring possession matters back into Court from Monday 24 August 2020.
This further stay applies to all possession claims. There had been some discussion that a further stay may only have extended to rent possession proceedings, meaning that all other possession claims; particularly those based on anti-social behaviour grounds; could have proceeded. This approach has not been adopted, however, and the amendments to the Court Rules as they currently stand extend a further blanket stay on all possession claims.
We are aware that many Landlords had been contacted by the County Courts they regularly use for lists of cases that should have been treated as a priority when the stay lifted. It is now important for Landlords to keep in touch with their local County Courts to make sure that any new cases that arise over the next month and which require priority listing are also confirmed to the Court.
At the present time, there does not appear to be any amendments made to the Reactivation Notice requirements which were previously incorporated into the Court Rules. For further details on these requirements, please see our previous e-briefings dated 22 July 2020 and 3 August 2020.
It should be noted that the requirement to give extended notice periods on possession notices served remain in place until 30 September 2020 as matters currently stand.
Landlords will need to continue to consider other options for tackling anti-social behaviour being reported to them, such as Injunctions and Closure Orders, during this extended stay period and perhaps well into the autumn whilst the Court Service tackle the enormous backlog that they must work through. Indications are that it may well take the Court Service close to 12 months to work through this backlog.
For more information
Should you have any queries regarding this further stay period, please contact any member of the Housing Litigation Team.
Latest news
Staying friends through a split
More couples are choosing to divorce as amicably as possible, demanding an increase for specialist mediation services and less contentious options, such as ‘collaborative law’. But is it really possible to split and stay friends?
Wednesday 19 February 2025
Read moreAnthony Collins reappointed following Cottsway Housing Association tender for housing services
Social purpose law firm, Anthony Collins, has been reappointed as the sole legal provider of housing services for Cottsway Housing Association (Cottsway) tender, continuing a partnership focused on improving communities.
Tuesday 18 February 2025
Read moreLatest webinars and podcasts
Podcast: Leasehold reform: Commonhold
Emma Lloyd and Raj Flora-Seehra explore the Government’s renewed focus on commonhold tenure
Monday 17 February 2025
Read morePodcast: Who gets the microwave? Episode 2 – Non-court dispute resolution
Listen to the second in a series of podcasts from our matrimonial team where Tom Gregory, Chris Lloyd-Smith and Maria Ramon put down their litigation weapons and discuss the importance of […]
Friday 22 November 2024
Read more