Reactivation Possession Claims Landlords Set Become Possessive

On 23 August 2020, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 will come into effect. The new rules amend the Civil Procedure Rules 1998 to add a new Practice Direction 55C. Property owners such as landlords or lenders will breathe a sigh of relief, as the new regulations will end the “stay” on possession proceedings currently ordered under The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, which suspended Part 55 Possession Applications made after 23rd March 2020. Practice Direction 55C is a temporary measure and will remain in force until 28 March 2021 (subject to continued review during this period). The new procedure For claims brought after 23rd August 2020, a ‘Reactivation Notice’ does not need to be filed or served, but Claimants will need to set out their knowledge as to the effect of the Coronavirus pandemic on the Defendant(s) and their dependents.The new rules are intended not only to protect the public but to manage the court’s case management capabilities so that the court can act and deal adequately with concerns addressed by landlords and tenants. Food for thought For further information and advice, please contact Daniel Pritchard at daniel.pritchard@d-w-s.co.uk or telephone on 0116 2999 199 to speak with a member of our litigation and dispute resolution team.