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Possession proceedings due to resume 23rd August 2020

Landlords have been unable to start Possession proceedings as a result of COVID-19. However, they are due to resume on the 23rd August 2020.

If you require advice on possession proceedings, please contact us without delay! The court will be backlogged for weeks as a result of the pandemic so it is important you deal with matters promptly.

The law differentiates between ‘stayed claims’ which are those which were brought on or before 22nd August 2020; and ‘new claims’ which are claims brought after 22nd August 2020. Therefore it is important you get it right.

Under the new Practice Direction, stayed claims issued before 3rd August 2020 will not be listed for a hearing or referred to a Judge until one of the parties files with the court, and serves upon the other party, a reactivation notice confirming that they wish the case to be listed, relisted, heard or referred.

At Sweeney Miller, we have already started filing reactivation notices for our clients as we know how long the wait has been. There are certain requirements to ensure the reactivation notice is compliant such as providing statements and court directions.

If no reactivation notice has been filed and served by 29 January 2021 the claim will automatically be stayed. This means you would need to make an application to the court to reactivate the claim.

If you require advise on your rented property, please contact Rebecca Cresswell at rebecca@sweeneymiller.co.uk or call us on 0191 5682050.

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