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Can I evict my residential tenant during the Coronavirus pandemic?

From 27th March 2020, a ban on all residential possession proceedings and evictions (initially until 25th June 2020, but then extended until 23rd August 2020) has been in place as a result of the Coronavirus pandemic. That prohibition is due to come to an end on 23rd August 2020.

The courts have been gearing themselves up for dealing with the workload that it will face as a result of the ban expiring, by introducing a new Practice Direction 55C. The terms of the Practice Direction will come into effect on 23rd August to coincide with the end of the ban and will continue until at least 28th March 2021. During that period:

  1. For claims that were issued before 3rd August 2020, no listing, relisting, hearing or referral will be made without the claimant having filed and served a reactivation notice, informing the court that the claimant wishes to proceed with the claim.
  2. Upon listing a hearing, the court must, unless it directs otherwise, give at least 21 days’ notice to the parties of any hearing listed or relisted in response to a reactivation notice.
  3. The standard period between commencement of the claim and the hearing, of eight weeks, will not apply.
  4. For claims issued after 3rd August 2020, the claimant must set out what knowledge that party has as to the effect of the Coronavirus pandemic on the defendant.

Once the ban comes to an end, landlords will be able to issue and pursue possession proceedings against the tenant, including the evictions themselves. However, it will not be business as usual – first, notice periods for Section 21 and Section 8 notices will remain at three months, until at least 30th September 2020; secondly, the landlords may need to file further documents and information at the court and; thirdly, landlords will no doubt face lengthy delays in the process due to the backlog of work that the court is inevitably facing.

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