On Friday 5th June 2020, as many of us logged off for the weekend, the Secretary of State for Housing confirmed that Practice Direction 51Z will be extended in its current form for a further 2 months (until 23rd August 2020).
It was also confirmed that a working group on possession proceedings has been established by the Master of the Rolls to ensure appropriate arrangements are in place across the county courts when possession claims resume.
What does this mean for Possession Claims?
It is very much a case of as you were. Landlords can still serve a Notice Seeking Possession, however, the Government’s recent guidance and case law suggests that notices should be reserved for exceptional circumstances. Landlords can issue possession claims but must be aware that the claims will not be progressed during this period as they will be automatically stayed once issued in line with the Practice Direction. As with notices, the Government has suggested that possession claims should not be issued during this time. Landlords should note that the stay does not apply to CPR 55.6 claims (trespass claims against persons unknown) or for interim possession orders.
Comment
While the extension will come as welcome news to some it will also be met with trepidation by those dealing with anti-social behaviour. Some landlords will also be concerned about increasing rent arrears on behalf of some tenants (some of which may be Covid-19 related and some of which won’t be) and the inability to take enforcement action at this time. There is also an understandable concern around hoarding cases, where possession proceedings may have been pursued as a final remedy and are currently halted.
Nevertheless, whilst possession claims cannot be progressed, there is alternative action that landlords can take. Injunctions can be used to address breaches of tenancy and/or anti-social behaviour. In the most serious of cases this could include an exclusion injunction excluding a tenant from their home and surrounding area.
There is undoubtedly growing concern about the large backlog of cases for the courts to deal with when the stay is eventually lifted, which is likely to lead to further delays in possession claims being heard.
If you have any questions or queries in relation to the above, please do not hesitate to contact a member of the Housing & Regeneration Team.
