Round up of today in possession proceedings - what we know, what we don’t, and things to look out for. Civil Procedure Rule 55.29 is amended to extend the general stay on possession claims (including evictions) from 23 August to 20 September 2020

The text of amendments is not available yet. Also unclear is what happens to Practice Direction 55C - the reactivation notice and ‘information on impact of coronavirus on the Defendant’s household’ direction. All the dates in it are now wrong. Will see if amended or withdrawn.

The Housing Secretary of State has announced that the Govt “intends” to extend the notice period on Notices Seeking Possession (s.21, s.8, or Housing Act 1985 or Housing Act 1988) to 6 months from the current 3 months, until at least March 2021.

There will apparently be exceptions from the 6 month notice period for “those cases raising other serious issues such as those involving anti-social behaviour and domestic abuse perpetrators”. How this will be defined in law, & what those notice periods will be, we wait to see.

When this six month notice period will start to be required is wholly unclear. No SI has been made that I am aware of, and there are questions about whether the Minister’s powers under Schedule 29 sections 13 and 14 would extend to what is proposed. So…

It appears that the current 3 month notice period for NSPs is valid and will remain so until new regulations (or possibly primary legislation) is in force. If so, the govt has just created a race to serve notice before the 6 month requirement comes into force.

Unless there is some hideous form of retrospective legislation to come, I think all the ‘3 month’ NSPs that have been served since March will remain valid, possession claims can be issued on expiry of the 3 months, and possession claims pursued after 20 September.

There is a further issue on the ‘6 months’. Deregulation Act 2015 section 36 provides that a s.21 notice cannot be acted on by possession proceedings after 6 months from the date of service on the tenant. If 6 months notice is required, without change to s.36…

then a s.21 notice can never be the basis for possession proceedings. (And on timing, if 6 months notice will be required till end of March 2021, assuming it will then return to two months (or less for s.8), there will be no point in serving notice after end of November 2020.

Then there is the restarting of possession claims on 20 September 2020. A few points and questions. First off, Practice Direction 55C (reactivation notices and all) is now defunct as all the dates are wrong. It may be amended - one to watch for. Second, the Secretary of State

…says the courts will prioritise ‘the most egregious cases’, naming “those involving anti-social behaviour and other crimes, as well as where landlords have not received rent for over a year and would otherwise face unmanageable debts.” Clarity will but needed, but, I presume

..this is arising from the approach of Knowles J’s working party on the conduct of possession proceedings. If so, we will have to wait to see the details.

But - and this should be very clear to people - possession proceedings will apparently restart from 20 September, and that will include possession proceedings for coronavirus related rent arrears where a 3 month notice has been served (before the 6 month requirement starts) &

the three months notice has expired. Anyone who has had a s.21 notice or s.8 notice served since March, and the 3 months notice has expired, will potentially face possession proceedings starting, or continuing after 20 September 2020.

And yes, s.21 and Ground 8 mandatory grounds for possession will apply. So there is nothing on coronavirus related arrears, at all.