There was a general pause (‘stay’) in relation to possession proceedings in England and Wales until 23 August 2020. This has now been extended to 20 September 2020.
PROCEEDINGS ISSUED BEFORE 3 AUGUST 2020
It is now a requirement that where possession proceedings were brought before 3 August 2020 and subject to a stay, they cannot be relisted before the Court one party (usually the Landlord) serves the tenant with a ‘Reactivation Notice’. Once evidence has been provided to the Court that this has been done, the Court will then relist the possession hearing to the next available date after 21 days.
PROCEEDINGS ISSUED ON OR AFTER 3 AUGUST 2020
The Landlord needs to serve, not less than 14 days before the hearing, upon the tenant a Notice setting out what knowledge the Landlord has as to the effect of the Coronavirus pandemic on the Tenant and their dependants. Here is an example of a reactivation notice.
Where the claim is based on rent arrears, the Landlord will have to include, as part of the notice, a statement of rent covering a maximum of the previous 2 years.