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Possession claims, eviction procedures and new obligations for claimant landlords

Landlord claimants unable to ‘re-start’ existing possession proceedings until a reactivation notice or notice is submitted

The Coronavirus Pandemic has brought about a whole host of changes and this extends to possession proceedings. As landlords will know, under the new Practice Direction 55C (the Practice Direction), a stay on claims for possession is to be lifted from 20 September 2020. Subject to any further extensions the Practice Direction begins from 20 September 2020 and ends 28 March 2021.

What happens if I have a claim or want to bring a claim?

Depending on when your claim was brought, either a reactivation notice or a notice may have to be submitted to court. Any ‘stayed claims’ will not progress until a reactivation notice has been filed and served with the court. Any ‘new claims’ will have to have a notice filed and served with the court.

What must the reactivation notice or notices look like?

The new Practice Direction details what must be included in the reactivation notices and notices. We can draft these for you from as little as £80 + VAT.

What if I do nothing?

If you have a possession claim currently with the court and you fail to submit a reactivation notice or notice your claim with be automatically stayed and potentially dismissed.

How long will it take?

The court will prioritise cases involving anti-social behaviour, fraud or domestic abuse. The court already has a large backlog of cases and if you want to regain possession of your property, we recommend that you start this process as soon as possible.

How much notice do I have to give when issuing a Section 8 or Section 21?

The Practice Direction has extended the majority of notice periods that need to be given when issuing a Section 8 or Section 21 notice. Depending on the grounds for eviction, this can range from between 2 weeks and 6 months.

How can we help?

Acting quickly and efficiently is key to preventing any unnecessary delays. If a sufficient notice period has not been given to a tenant or a notice is deemed to be invalid, it will need to be resubmitted. Whatever stage you are at in the eviction process our specialist litigation team can advise you of the correct course of action for your circumstances. Please contact twaugh@mortons-solicitors.com or call us on 0191 511 8222.