19th August 2020
There has been significant changes to private residential landlord and tenant laws as a result of COVID 19 to include notice periods for both Section 21 notices and Section 8 notices being extended to three months (until at least the end of September) and a stay of possession proceedings.
There are only days to go before the stay ends (23rd August 2020).
Practice Direction 55C comes into effect on 23rd August 2020 to coincide with the end of the stay of possession proceedings and sets out what is to happen to claims that were:
- issued on or before 22nd August that were subsequently stayed; and
- new claims brought on or after 23rd August 2020.
Claims issued on or before 22nd August that were stayed
For all claims that were issued BEFORE 3rd August 2020 where no possession order had been made before the stay, unless the court directs otherwise such claim is not to be listed, relisted, heard or referred to a Judge until one of the parties files and serves a “reactivation notice” in writing confirming that they wish the case to be so listed, relisted, heard or referred.
Any trial that was listed before the stay came into force (before 26th March 2020) is automatically vacated and the claim stayed unless a reactivation notice, updated rent account and updated draft directions are filed and served not less than 42 days before the hearing.
What must a Reactivation Notice contain?
A reactivation notice must be in writing and must confirm that the party filing and serving it wishes the case to be listed, relisted, heard or referred and (except in proceedings relating to an appeal) set out what knowledge that party has as to the effect of the Coronavirus pandemic on the defendant AND their dependants. Further, except in proceedings relating to an appeal, where a reactivation notice is filed and served by the Claimant and the claim is based on arrears of rent, the Claimant must provide with the notice an updated rent account for the previous two years.
If no reactivation notice is filed by 4pm on 29th January 2021 the claim is stayed automatically unless and until a party applies to lift the stay.
New claims (on or after 23rd August 2020) and stayed claims issued on or after 3rd August 2020
For these claims the claimant must bring to the hearing two copies of a notice setting out what knowledge that party has as to the effect of the coronavirus pandemic on the defendant AND their dependants and serve the same on the defendant not less than 14 days prior to the hearing.
If accelerated possession proceedings are issued, this notice must be served with the claim form.
And another change
The requirement for the Court to list a hearing within 8 weeks of issuing a claim for possession has been removed. The Court is now able to list the first hearing however long it wishes after the issue of a possession claim (stayed or new).
Conclusion
It is not yet known what sort of knowledge has to be filed as to the effect of the pandemic on the defendant and his dependants, or whether “ not known” will suffice.
It is not clear the relevance of this information is in respect of mandatory grounds for possession (for example if the tenant is at least 2 months, or eight weeks in a weekly tenancy, in arrears at the time of serving the Section 8 notice and at the time of the hearing and on the basis of a Section 21 notice, providing all the other legal requirements have been complied with).
It is of some concern that the 8 week listing requirement has been removed, but I suspect it is because the Courts anticipate being overwhelmed with claims and, given the social distancing restrictions, would simply be unable to list all the first hearings within the required time frame.
There is talk that a pre action protocol will emerge for private landlord and tenant matters, which may follow mostly the pre action protocol for social landlord and tenant matters, but as at the date of writing this article, this has not been confirmed.
These rules remain in place until 28th March 2021 (with reviews during that period).
Any advice or assistance required please contact the author, Rebecca Smith (rebeccasmith@macklunt.co.uk – 01730 265111)
Nothing in this article should be construed as legal advice or perceived as creating a solicitor-client relationship. Please note that we cannot give advice on individual’s situations or problems in this article.
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