Possession claims will have to be re-activated
Under the Civil Procedure (Amendment No. 4) (Coronavirus) Coronavirus Act 2020 landlords need to re-activate their notices should they still wish to proceed with their possession claim.
Re-activation of stayed possession claims court hearings will start again from the 24 of August 2020. However, your stayed claim for possession will not be listed unless you comply with the new procedural requirements, including the filing and serving of a ‘reactivation notice’.
Landlords need to be aware if they miss the deadlines for serving a reactivation notice, the court will stay the possession claim.
Landlords are required to serve the reactivation notice: if a trial date was set, no less than 42 days before the hearing, or [4] in any case, before 4 pm on the 29 of January 2021.
If your tenant disagrees with any matters, then the tenant has 14 days from the service of the reactivation notice to file and serve their response. If the landlord does not comply with all the requirements before 4 pm on the 29 of January 2021, the claim will be stayed. Where a claim was started on or after the 3 of August 2020, the landlord is not required to serve a reactivation notice.
Accelerated possession claim under section 2 (form 6A) Reactivation notice
For accelerated possession claim (section 21- form 6A) brought on or after the 3 of August 2020, the landlord is required to file with the claim form a Notice setting out what knowledge the landlord has about the COVID-19 pandemic on the tenant and their family.
County and High court bailiff Re-activation rules
There is a change to how bailiffs work due to the changes because of COVID-19. There is an end to ‘without notice’ evictions rule changes that come into force on the 23 of August 2020. You are now required to give 14 days’ Notice of the eviction date. This applies to County Court or High court bailiffs.
Trespass cases are not affected by the new bailiff rules.
The text from the ministry of justice states:
In consequence of the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020, above, a new Practice Direction, PD55C is introduced. The main changes are:
- To require a claimant who wishes to continue the proceedings after the expiry of the stay to provide a “reactivation notice” informing the court (and Defendant) in writing of this (without which the case will remain dormant).
- Where the claim includes non-payment of rent, that the particulars of the claim set out what knowledge (if any) that party has as to the effect of the Coronavirus pandemic on the Defendant and their dependants
- Suspends the standard period between the issue of a claim form and hearing, which would usually be no more than eight weeks.
- Encourages a claimant to produce the full arrears history in advance rather than at the hearing.
- Due to expire on the 28 of March 2021.
The government has updated the Technical renting guidance for landlords too.
The prescribed form for the Notice to re-activate
It is vital all landlords with possession claims in the county court to re-activate the possession claim. You must serve all the necessary documents to ensure you do not have any further delays where the documents are not correct or deficient in any way. Given the delays in possession proceedings because of COVID-19, the last thing you want is for the court hearing to be put off again due to faulty documents.
Where can I get forms to re-activate my possession claim?
You should use the court prescribed re-activation Notice, which you can download by clicking the link below. You can use the means for below:
Do I need to Re-Activate an Accelerated Claim?
Yes, section 8 or section 21 still serve a notice to re-activate on the possession claim, send it to the court and a copy to the tenant too. You must provide the court with a certificate of service too.
What documents to send to re-activate a possession claim?
It’s best not to take any chances and adopt a belt & braces approach, you simply cannot afford to take any chances.
So, this is what you ought to do:
Send the court:
- Re-activation Notice (Court prescribed version)
- Send the court a completed, or even an uncompleted*COVID-19 tenant means form
- Certificate of service
To the tenant you send:
- Re-activation Notice
- COVID-19 tenant means form
*Some tenants as some landlords know too well won’t communicate and the chances of getting the Covid-19 tenants means form completed and back is slim. So, you ought to let the court have an uncompleted version and should the tenant return a completed version later, you can file that with the court too.
Mr Sajjad Ahmad, the CEO of the British Landlord Association, said: “the more Notice a court & a tenant has that a landlord wishes to proceed with a possession claim the better. However, we would urge landlords and renters to try the resolve issues and avoid court action if possible.” He said.
Reactivation notice FAQ
Do I need to file a Reactivation Notice on my tenants?
Some landlords will need to confirm if they wish to continue with their possession claim. They may be required to file and serve a notice to re-activate the possession claim. Please read this entire blog to assist you.
Reactivation Notice?
Highly likely if you are waiting for a hearing to be listed or a possession order. However, for trespass claims you are not required to serve the Notice to reactivate the claim.
How do I know if I need to file a Reactivation Notice?
If your claim for possession was listed for a court hearing but then later adjourned before the 3 of August 2020 but not yet actioned by the court, then highly likely you will need to serve a reactivation notice. Trespass cases do not need to serve a re-activation notice. Read this blog in full to see where you stand regarding the reactivation notice.
What happens if I failed to serve a Reactivation Notice?
If a landlord fails to file and serve a re-activation Notice for their possession claim issued before the 3 of August 2020 by 4 pm on the 29 of January 2021 the possession claim will automatically be stayed.
Do I need to Re-Activate an Accelerated possession Claim?
Yes, section 8 or section 21 still serve a notice to re-activate on the possession claim, send it to the court and a copy to the tenant too. You must also provide the court with a certificate of service too.
What documents need to be sent to re-activate a possession claim?
It’s best not to take any chances and adopt a belt & braces approach, you simply cannot afford to take any chances.
So this is what you ought to do:
Send the court:
- Re-activation Notice (Court)
- send the tenant a re-activation notice (Tenant)
- Send the court a completed or even an uncompleted*COVID-19 tenant means form
- Certificate of service
To the tenant you send:
- Re-activation Notice
- COVID-19 tenant means form
*Some tenants as some landlords know too well won’t communicate and the chances of getting the Covid-19 tenants means form completed and back is slim. So you ought to let the court have an uncompleted version and should the tenant return a completed version later, you can file that with the court too. You will note the covering letter does say “for the tenant” to send a copy to the court too.
Mr Sajjad Ahmad, the CEO of the British Landlord Association, said: “the more Notice a court & a tenant has that a landlord wishes to proceed with a possession claim the better. However, we would urge landlords and renters to try the resolve issues and avoid court action if possible.” He said.
UPDATE (the 2 of August 2020)
Author: Amanda Goldsmith [email protected]
Date: 27 July 2020
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Disclaimer: the legislation and court procedures are changing rapidly; you must seek advice from a solicitor before using any of the forms. Members can ring the BLA helpline, and you can speak to a lawyer directly.
