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Coronavirus – related changes to Housing Possession Procedure

Posted on 30th March 2020

By Paul Moulder

Everyone should note the latest changes brought by the Covid-19 Pandemic, being the new Practice Direction making an automatic stay of possession proceedings and proceedings to enforce possession by warrant or writ of possession.

The Practice Direction is effective from 27 March 2020, and the text is below.

1. This practice direction is made under rule 51.2 of the Civil Procedure Rules (“CPR”). It is intended to assess modifications to the rules and Practice Directions that may be necessary during the Coronavirus pandemic and the need to ensure that the administration of justice, including the enforcement of orders, is carried out so as not to endanger public health. As such it makes provision to stay proceedings for, and to enforce, possession. It ceases to have effect on 30 October 2020.

2. All proceedings for possession brought under CPR Part 55 and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from the date this Direction comes into force.

3. For the avoidance of doubt, claims for injunctive relief are not subject to the stay in paragraph 2.

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If you require advice, or representation, in a claim relating to land or property you can instruct Paul Moulder by contacting his clerks on 01483 539131 or emailing them at clerks@guildfordchambers.com

 

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