Reactivation notices for possessions extended
Due to a last-minute extension on Friday 29 January, landlords can still use a reactivation notice for possession proceedings put on hold due to the closure of the courts in 2020 if they have not already done so.
For older claims that are still put on hold (stayed), the deadline for using a reactivation notice has extended from 29 January 2021 to 30 April 2021.
For new claims, landlords will need to continue providing a notice stating what they know about their tenant’s circumstances as a result of Covid-19. This requirement has been extended from the end of March to 30 July.
Initially when the courts reopened in September 2020, the cases that were started prior to, or during, the court closures were not immediately restarted.
Instead, if a landlord had applied to court before 3 August 2020, and still wanted to regain possession, they would have to follow the rules set out in the temporary practice direction 55c.
This practice direction stated that landlords needed to serve a reactivation notice to let the court know they wanted the case to move forward.
If they hadn’t done this by 29 January 2021 the case would be automatically stayed indefinitely. This meant that landlords who missed the deadline would have to serve an N244 form and pay the associated cost if they wanted to restart a possession claim.
For landlords who applied to court on or after 3 August 2020, there is no need to serve a reactivation notice. However, practice direction 55c does require new applicants include details of what they know about the impact of coronavirus on the tenant.
This requirement has also been extended so that any application made before 30 July 2021 will need to include this information as part of the possession proceedings.
Members can access further guidance and downloadable resources on this topic here.
