Anticipating the next stage of the Possession Claims has been Difficult

Last week, on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed, however, it was only this week that those changes were announced.

The Impact of Coronavirus

After 5 months of housing possession being suspended,  the courts will re-open to hear possession claims on the 23rd August 2020, and as a result, the New Practice Direction (PD) will apply for an “interim period” from 23 August 2020 until 28 March 2021. For private landlords must now attend any court hearing with two copies of a notice which sets out exactly what they know about the effect of the coronavirus on the tenant. This notice must be sent to the tenant before the hearing. This protocol also applies to Accelerated Possession Proceedings, which means that a similar notice MUST be included. PLEASE NOTE THE N5B WILL NOT BE AMENDED TO DEAL WITH THIS CHANGE NOR WILL CLAIMANTS BE REMINDED.
Existing Claims

The PD 55C will separate claims into TWO groups :-
Group 1 - Claims that were issued before 3 August 2020
Group 2 - Claims issued on or after 3 August 2020. 

The Process

The PD will set out the process all parties need to follow in order for cases to start again. This will be done through the filing and service of a Reactivation Notice. A key point is that NO stayed claims issued before the 3rd August 2020 will be dealt with by the courts UNLESS the parties have served and filed a reactivation notice. There is no template available, however, the strict rules state that the Reactivation Notice MUST include the following information:

• What the Claimant  is asking the court to do

• The provision of any information about the effect of the Coronavirus Pandemic on the tenant and their dependants

The Reason Behind these Changes

Clearly, the Pandemic has had a dramatic effect on all aspects of life, therefore the courts would like to be informed of all relevant information re Coronavirus that could have impacted the tenant. Judges will give this information the necessary consideration.

Some tenants will not be forthcoming or willing on providing the landlord with this information. 

It does not stop there. Landlords will be required to provide an updated rent account for the previous two years where a reactivation notice has been filed and served in relation to a rent arrears claim. Again, this information will shine a light on whether or not the rent arrears are as a result of the pandemic, or if a tenant has a pre-existing pattern of not paying rent.

Any court dates which were set before the 27 March 2020 will only take place if a Reactivation Notice is filed and served. 

Claimants with hearings listed after 23 August 2020 should take urgent action to ensure they do not lose these dates.

If a landlord fails to file and serve a Reactivation Notice in relation to a claim issued before 3 August 2020 by 4pm on 29 January 2021, the claim will automatically be suspended. 

Obviously some  claimants will not be aware of these changes and therefore, they will fail to provide the proper notices, and as a result the courts will dismiss these cases. And the courts will not be reminding or advising claimants on what needs to be done.

Landlords MUST take legal advice to ensure that they do not miss the opportunity to obtain possession of their properties.