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Postponement of Possession Proceedings

As most landlords will be aware, there is currently a stay on all Possession Proceedings, but that is due to end in approximately 5 weeks.

It is important for Landlord’s to keep in mind that the current stay required on possession proceedings, as set out in place by PD51Z, only pauses proceedings, it does not prevent you from issuing possession proceedings. What will happen in practical terms, is that you will be able to issue proceedings and those will automatically be put on hold until the 3 month stay is lifted.

There is also now a requirement that any Notice is 3 months in length ( as opposed to 2 weeks or 2 months under normal procedure). This will apply to any Notice served up until 30th September 2020, although the shorter Notices served before 26th March 2020 will still be valid and will be due to expire shortly.

One of the major concerns is the inevitable backlog of cases that will be within the Court system as soon as the stay is lifted. It is important therefore to consider whether you issue your notice and start the process as soon as possible so that you are hopefully somewhere further up the queue.

If you have any questions relating to your situation as a Landlord please do not hesitate to contact our Litigation Team at Barwells on 01323 875050 or

Posted in: Litigation

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