Residential Possession Claims Put On Hold Again

Practice Direction 51Z had come into force on 27 March 2020 and imposed a 90-day stay on possession claims “brought under CPR Part 55”. This included all residential tenant evictions.

With effect from 25 June 2020 (i.e. the day that the stay imposed by PD51Z expires), new rule 55.29 provides that any claim which was previously stayed, and any new claim issued on or before 22 August 2020, is stayed to 23 August 2020.

(As with the existing PD51Z, CPR 55.29 does not apply to claims against trespassers or for interim possession orders. It also expressly provides that applications can be made for agreed case management directions. Nor does it apply to claims for injunctive relief.)

Further, for the time being all notices served must provide a minimum of three months before expiry.

If you wish to evict your tenants then it is still worth having your circumstances reviewed and a Notice served, but you will be in for an even longer wait than usual before the court hears your possession claim. For assistance, please contact Oliver Kew on 01189 559612

Published on 25/06/2020