Court Eviction proceedings were ‘stayed’ in March to protect tenants during the coronavirus pandemic but this stay is due to end on 24 August 2020.
We were initially told that there would be a new ‘pre-action protocol’ to be followed (similar to that required for social housing evictions), possibly requiring mediation as a pre-requisite, but this is not what was eventually decided.
Instead, we have a new ‘practice direction’ setting out what needs to be done.
The rules cover two situations:
Nothing will happen unless you serve a ‘reactivation notice’ – this must be served on your opponent and filed (ie sent to) the Court.
The reactivation notice requires you to
You should serve your notice after 23 August as that is when the new practice direction comes into force.
You need to
In view of this, it is probably best to wait now until 3 August before starting any new cases.
I have now done a special Coronavirus Eviction Rules page which sets out the new rules in more detail – and where you will also find a draft reactivation notice.
I am also carrying out a review of the rest of the guide, which includes guidance on the new court forms for accelerated proceedings which were introduced in April.
This exercise will be completed by 3 August.
Note that the eviction guide is only available to Landlord Law Business Level Members – but at the moment we have a special offer where Business Level membership is available at the same price as Basic Level membership (including renewal payments).
Existing Basic Level members can switch their membership to take advantage of this. See our guide here.
Watch out for future posts and announcements on possession proceedings