Stayed possession proceedings: “No listing, relisting, hearing or referral in stayed claims without Reactivation Notice”

The severity of the Coronavirus pandemic has led to all possession proceedings being stayed from 27 March 2020 until 23 August 2020. This has left many Landlords and Tenants alike unsure what will happen with their pending possession claim and how it will be dealt with after this date.

Following the publication of the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 which is due to come into force on 23 August 2020, it has become clear that the Court will not automatically begin to process stayed Claims. Instead, a new Practice Direction will come into force requiring one of the parties to provide a ‘Reactivation Notice’ confirming that they wish for the Claim to continue.

The requirement for a Reactivation Notice will apply to all stayed possession claims, unless they are brought on or after 3 August 2020. This means that any trial date that was set before 27 March 2020, will be vacated and will not be relisted until a Reactivation Notice is filed.

After a reactivation notice has been filed, the Court will provide the parties with at least 21 days’ notice of any hearing to be listed.

If you require assistance with a rental repossession claim please contact Amy-Jane Westaway, GCILEx, in our Dispute Resolution Team on 01604 828282 / 01908 660966 or email amy-jane.westaway@franklins-sols.co.uk.