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Question

Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

Coronavirus Notice/s: one or two ?

1 Apr 2021 | 2 comments

I filed an accelerated possession claim to court including the PD 55C Coronavirus Notice but the court has written as follows:

“Upon reading the Court file, the Judge comments because there is no notice setting out what knowledge the Claimant has of the effect of the COVID pandemic on the Defendant(s) and their dependents, no referral will be made to a Judge unless or until the Claimant complies.”

From my searches, it seems there are two coronavirus notices involved. One is to be served to the defendant not less than 14 days before the hearing and the other is to be filed to the court for service. I did the latter but not the former which I could do now. However, the wording suggests the judge is talking about the ‘former’ which I duly submitted. I had stated in the notice, ”I had no knowledge of the effect of coronavirus on the defendant…….

…” Could this be a problem? Do I have to have and confirm knowledge in the notice?

Could it be that the notice has gone missing from the bundle at the court? Do I really need to serve the defendant one coronavirus notice?

Please advice. I am grateful.

Answer

2 Comments

  1. guildy

    From what you describe, we can’t see you’ve done anything wrong.

    All you can do is reply back to the court pointing out you did enclose the notice with the bundle and enclose a further copy of the notice. The letter can be as short as that.

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