News

New Possession Procedure

At the beginning of the Coronavirus lockdown, the Government introduced a package of measures designed to protect tenants from eviction. These included an initial 90 day suspension on possession and enforcement proceedings which was then extended twice, finally coming to an end on 20 September2020.

Now that the temporary suspension on possession claims has been lifted, the court service is facing a backlog of cases which have built up over the past 6 months. To manage these efficiently, a new case management process called the “Overall Arrangements for Possession Proceedings” has been introduced. A copy of the full document can be found here.

In summary, the Overall Arrangements aim to:

– Reduce the backlog of claims by dedicating more court staff to deal with cases.
– More effectively manage cases by listing claims for initial review hearings, and then substantive hearings to decide claims where appropriate to do so.
– Encourage the parties to reach early settlement by offering a free mediation appointment where appropriate (which may in turn reduce the need for substantive hearings).
– Give priority to urgent cases (in instances of serious anti-social behaviour and significant rent arrears).
– Allow cases to be heard face-to-face (with some exceptions).

If you have a possession claim currently in the court system and wish to discuss any of the above, or if you wish to start the possession process but are unsure how these changes will affect you, please do not hesitate to contact our friendly and knowledgeable Landlord and Tenant team on 029 2080 8666 or email: info@kearns.co.uk