Update: the date of 23 August 2020 referred to below has been extended to 20 September 2020. Please see this article for details.

Further update 16 September 2020: the government have published a non statutory reactivation notice which is now linked below.

It was announced last week that the suspension of claims for possession is to be lifted from 23 August 2020 subject to a new Practice Direction 55C.

Today (21 July 2020), the Practice Direction 55C has been published.

The new Practice Direction has effect from 23 August 2020 until 28 March 2021 (unless extended).

Please be aware the PD is not particularly well drafted so below may change over time as different interpretations become clearer.

Claims Brought Before 3 August 2020

Any claims that are/have been brought before 3 August 2020 are immediately stayed under the previously announced suspension to all possession proceedings.

Except where a final order for possession has been made, these claims will not be listed, relisted, heard or, referred to a judge until one of the parties files and serves a “reactivation notice” confirming that they wish the case to be listed, relisted, heard or referred (depending on the individual circumstances – for example if it were accelerated possession, the claim will want to be referred to a judge but if it was a PCOL claim, it will want to be listed where there’s not been a hearing date yet or relisted if a hearing date was adjourned).

A reactivation notice must- ... Please login or signup to continue reading this content