Residential landlords rights to possession further restricted

Residential Possession Actions for landlords have been updated by the Government.

 

On 27 March 2020 Practice Direction 51Z in the Civil Procedure Rules introduced a 90 day stay on all proceedings brought under Civil Procedure Rule Part 55 (Possession Actions).

 

The 90 day stay under PD51Z came to an end on 25 June 2020. However, a new rule, CPR Rule 55.29 has now come into force extending the stay by a further two months until 23 August 2020.

 

Liz Shaw, director at Wake Smith Solicitors, discusses.

 

Liz said: “In effect, this means that any proceedings already stayed, will continue to be stayed.

 

It does not prevent a claim being issued but not withstanding issue that any application for possession will be stayed.

 

Claims against trespassers are the only exception and excluded from the original stay and will also be excluded from this continued stay.

 

This restriction does not prevent landlords from exercising other methods to collect rent, for example Court proceedings or exercising guarantor provisions, if applicable.”

 

For advice on property litigation issues contact Elizabeth Shaw at Wake Smith Solicitors on 0114 266 6660.

 

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