Last Friday afternoon, 29 January 2021, saw the extension of the current Practice Direction in the Civil Procedure Rules (CPR) relating to possession claims and COVID-19.

PD55C was introduced back in August 2020, as part of the reaction to the pandemic, and came into effect formally on 20 September 2020 when the ban on evictions was initially lifted, until 29 January 2021. At present, following further bans on evictions when the Tier system of lockdown was introduced and then as the country went into further national lockdowns in November and January, evictions are banned until 21 February 2021, save in some limited circumstances (see here).

PD55C sets out the procedure that needs to be followed for existing possession claims that were issued at a time when possession actions were on hold (referred to as ‘stayed claims’), as well as new possession claims. Our articles here and here have the full detail.

These procedures have now been extended as below :-

• A ‘re-activation notice’ must still be filed and served in relation to any stayed claims issued before 03 August 2020, where a party wishes for the claim to continue. Where a stayed claim was subject to case management directions made before 20 September 2020, the re-activation notice must be accompanied by a copy of the last directions order and proposal for revised directions;

• If no re-activation notice is filed and served by 4:00pm 30 April 2021, the claim will be automatically stayed (and a formal application required to lift the stay);

• PD55C will continue in effect until 30 July 2021, so the requirement either:-

1. to bring two copies of a notice to the hearing and serve such notice on the tenant at least 14 days before the hearing (for standard possession claims), or

2. to file such notice with the claim form (for accelerated possession claims),

setting out what knowledge the landlord has of the effect of the COVID-19 on the tenant or their dependents, will continue for all new claims issued on or after 03 August 2020 up to 30 July 2021.

Given the ban on evictions has been extended until 21 February 2021 (save in the limited prescribed circumstances), it was inevitable that PD55C would continue beyond the previous date of 29 January 2021, as the Government recognises the continued impact of COVID-19.

The new date of 30 July 2021 is, however, worrying for landlords if it is indicative that the ban on evictions might continue beyond the current 21 February 2021 date, and/or that the current extended notice periods for possession notices might continue beyond 31 March 2021 (see here).

It is fair to say there has been a pattern of last minute extensions of these rules, so we watch with bated breath as we get closer to these dates whether landlords will be subjected to continued delays in recovering possession of their properties, or whether the rules will revert back to the pre-COVID-19 position, which seems increasingly unlikely.

If you have any questions whatsoever, please do get in touch with a member of the team on 01435 897297 or info@kdllaw.com.

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