In response to the increasing challenge of Coronavirus and in light of rapidly evolving advice, Tozers has taken steps to ensure that we continue to provide you with our usual client service whilst also maintaining the safety of our clients and colleagues. Please see our full update here.

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Insights

Extended Stay to Possession Proceedings

Posted on 08th June 2020 in Affordable Housing

Posted by

Sarah Schooling

Associate and Solicitor
Extended Stay to Possession Proceedings

The stay on possession proceedings has been extended to 23 August 2020. This means that the court will not progress a claim for possession, unless it is a consent order for directions to take the matter to trial, or enforce a warrant. 

PD51Z of the Civil Procedure Rules has not been amended, but we anticipate that amendments will be published later today. The news broke on Friday evening via Robert Jenrick, Housing Secretary’s, twitter account and was later followed up by a press release on the Government website.

Possession claims can still be issued but will be stayed, or listed, for after 23 August 2020. Existing possession claims with hearing dates before 23 August 2020 will be taken out of the hearing list and re listed in due course.

There was a challenge to the stay on possession proceedings. This challenge ultimately failed, but it did suggest that in exceptional circumstances, the stay might be lifted for individual cases. The court in that case suggested that exceptional circumstances might be where there is a danger to public health. This may cover situations where there is evidence of a wider threat to a community, such as serious anti social behaviour, dangerous levels of hoarding or reckless behaviour leading to an increased risk of, say, fire.

To stay up to date with the latest guidance follow our social media channles and visit our insights page. If you would like to find out more about possesion proceedings, or contact a member of our team if you have any questions, then please visit our teams hub page.

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