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Possession orders resuming

From 21 September 2020 the suspension on possession claims has resumed.

Landlords and Tenants should be aware that from 21 September 2020 possession claims which were suspended by the government in response to the coronavirus pandemic are able to continue. The suspension was extended on more than 1 occasion but now they are able to resume.

There is an important requirement, applicable to any claim received by the court before 3 August 2020 but where a final possession order had not yet been issued, for any landlord wishing to have their case listed, relisted, heard or referred to send to the court and the tenant a ‘reactivation’ notice setting out to the best of their knowledge what effect the coronavirus pandemic has had on the tenant. It is not yet known what the intention is for cases where the court is satisfied that the pandemic has had an impact but it can be reasonably assumed that an outright possession order giving merely 14 days is less likely to be granted than would otherwise have been the case. It is anticipated that claims based on rent arrears will attract more sympathy where the arrears started to accrue before the onset of the pandemic. Equally the effect of the pandemic will be less relevant to claims based on the Section 21 ‘non fault’ possessions.

If the reactivation notice is not sent to the court by 4pm on 29 January 2021 the claim will automatically be stayed.

This blog was written by:  Allan Kornbluth

DISCLAIMER: Please note that this post sets out the general position under the general law. It should not be acted upon in any specific circumstances without taking specific legal advice as to those circumstances. Also, it should not be relied upon, acted upon or treated as a substitute for specific advice relevant to particular circumstances. If you do require specific advice please contact us for assistance.