Stay of Possessions set to be extended

From 25 June 2020 the present stay of domestic possession proceedings which came in following the lockdown is going to be extended until 23 August 2020.

Part 55 of the Civil Procedure Rules 1998 (CPR) will be amended meaning possession proceedings and enforcement proceedings by way of a writ or a warrant for possession are stayed until 23 August 2020. The new rule comes into force on 25 June 2020, when the current stay imposed by Practice Direction 51Z comes to an end.

It is important to note, however, that:

• A claim may be brought notwithstanding that it may be stayed.
• For the purposes of the application of the CPR to proceedings that are stayed by CPR 55.29, time does not run and the court is not required to give any notice.

Also, the amendment does not apply to the following:

• A claim against trespassers.
• Interim possession order possessions.
• An application for case management directions, agreed by all parties.
• A claim for an injunction.

We will review the position further at the end of August.

Should you have any landlord and tenant enquiries of whatever nature you should not hesitate to contact our dispute resolution department to discuss matters further.