As the new Practice Direction 55C (effective from 23 August 2020 until 28 March 2021) kicks in officially on Monday we set out below the key steps required for social landlords to reactivate possession claims at difference stages.
As a preliminary note, a reactivation notice is a new notice required by the courts to bring possession claims out of what has been a mandatory stay period during the Covid-19 pandemic. There is no prescribed form for reactivation notices but in addition to that set out beneath the headings below the following information must be included:
- The landlord’s name;
- The tenant’s name;
- The name of the court and the claim number;
- What type hearing you are seeking;
- What information you have about the effect of the Covid-19 pandemic on the tenant and their dependants (or confirmation that you have no knowledge if that is the case); and
- If the claim is a rent possession claim then an up to date rent statement must be attached showing the tenant’s rent account for at least the previous two years.
Claims made on or before 2 August 2020 where no final possession order has yet been made
For the claim to continue through the court process a reactivation notice must be served.
Either party can serve the reactivation notice.
If no reactivation notice is served by 4pm on 29 January 2021 then the claim will automatically be stayed. To lift this stay after then an application must be made to court to do so.
When claims are listed or relisted for a hearing the court must give the parties at least 21 days’ notice of the new hearing date.
Claims made on or before 2 August 2020 where a final possession order has already been made
No reactivation notice is required.
You can write to court after 23 August 2020 and ask that a new bailiffs appointment be made or you can write and request a warrant.
Claims made on or before 2 August 2020 where court directions were set before 23 August 2020
The reactivation notice must include:
- a copy of the old directions; and
- either new directions or a statement that new directions are not needed; and
- a statement in writing about whether the case is suitable for hearing by video or audio link.
If either party does not agree with the inclusions above in the reactivation notice (e.g. if they cannot comply with old directions or the new proposed directions) then they must send a response to the court and the other party within 14 days of service of the reactivation notice.
If the above are not included in the reactivation notice by 4.00pm on 29 January 2021 then the claim will be automatically stayed. To lift the stay after then an application must be made to court to do so.
Claims brought on or after 3 August 2020
The Claimant must serve on the Defendant no less than 14 days before a hearing and bring to the hearing two copies of a notice including the following:
- confirmation that the Pre-Action Protocol for Possession Claims by Social Landlords has been complied with and how the Claimant has complied with it; and
- knowledge the Claimant has as to the effect of the Coronavirus pandemic on the Defendant and their dependants.
For accelerated possession claims this notice must be sent to court with the claim form.
Claims whenever made
The court no longer has to list the first hearings within 8 weeks of the claim being issued and so there may be long waits for first hearings.
If you have any queries about any particular cases please don’t hesitate to contact Zoe.
