On 8 June 2020 we reported (here) that the government had extended the stay imposed on all residential possession action as a result of the Coronavirus until the end of August.
Further details have been laid before Parliament from which it can be seen that:
- The practice direction PD51Z is being replaced by a CPR rule - CPR55.29 from 25 June 2020 until 23 August 2020. The new rule does the same thing as the exising practice direction and stays all possession claims and possession orders except claims against trespassers to which rule 55.6 applies; and
- The new rule confirms that (a) time limits don't run and (b) no notice is required to be issued by the court.
So that's clear! The stay on residential possession claims, including claims for rent arrears that accrued prior to CV-19 and contested nuisance claims are stayed until 23 August. When they actually come on for a hearing is anyone's guess.
The CPR does stress (and so do we) that the stay does not apply to claims for injunctions for example to prevent nuisance and anti-social behaviour.
The rules will temporarily amend the Civil Procedure Rules 1998 Part 55 to stay all possession proceedings brought under this Part and all enforcement proceedings by way of writ or warrant of possession.
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