In an update to the CPR, dealing with housing possession there has been guidance given as to how claims will be brought back after the end of the stay period. Claims will not have their stay automatically lifted and parties will need to issue a written notice (reactivation).
Unless the Court orders otherwise this will apply to all possession claims stayed under the previous direction. The written notice, must be served on all parties, and must contain three things. It must set out, what the party wants done, the effects, of the pandemic if known upon the defendant and dependants, and be accompanied with the last two years of rent statements if a case of rent arrears unless on appeal. In respect to new claims, claimants will be required to comply with the pre-action protocol as appropriate, but additionally file a notice setting out any known effects upon the Defendant and or dependants of the pandemic. The 123 update can be found here, see the housing page for information on housing matters, which is here
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AuthorAdam is a solicitor advocate, and regularly appears in the High Court and Court of Appeal dealing with some of the most complex and interesting cases. Archives
May 2024
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