In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
The Civil Courts have now released a list of their priorities (see here).
The priorities are split into:
- Group 1 – work that must be done; and
- Group 2 – work that could be done.
We are pleased to see that within the Group 1 list are:
- Committals (top of the list!)
- Production of persons in custody following Power of Arrest detentions
- Anti-Social Behaviour/Harassment injunctions specifically
- Injunctions generally - but only those that have a real-time element (such as post-termination employment restrictions), noise or interference with property. This may or may not cover injunctions for access and/or condition of property/hoarders, depending on the urgency of the need for access or the time-critical need to deal with the condition.
- Any applications in cases listed for trial in the next 3 months
- Any applications where there is a substantial hearing listed in the next month
Also in the Group 1 list are applications to stay enforcement of existing possession orders.
This confirms that during the stay on all possession claims, ASB can and should be dealt with using injunction applications. Other housing management issues can also be considered for injunction claims, but the priority these are given will depend on the urgency of the issues.
If you would like any further advice, please contact Rebecca Sembuuze or any of the other housing litigators on 0121 212 7400.
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