At 21:15 last night, a rather fundamental piece of
legislation was released under the cover of darkness, this Statutory instrument
is know as THE CIVIL PROCEDURE (AMENDMENT NO. 4) (CORONAVIRUS) RULES 2020
Coming into force on 23rd August amendment No4
sets out a number of new steps landlords will have to take once the courts
reopen on 24th August.
The important thing to remember is this is temporary
legislation with an end date of 28th March 2021but like all of the
Covid related temporary legislation, does
have a review clause meaning this can be withdrawn or altered before
that date.
The first item to note is that this amendment suspends the
standard time frame from Claim form to hearing, which current sits at 8 weeks,
this means landlords can expect to wait much longer in some situations than
this standard time frame.
The second point is that these new measures will effect ALL
claims currently suspended under the Covid-19 regs, regardless of whether the
claim was submitted before, during or after 23rd March 2020.
The key point to remember is this amendment DOES NOT effect
how a S21or S8 is issued nor its function as a mandatory notice seeking
possession.
What amendment No4 does do however, is bring in a number of
requirements on the landlord to enable a claim to progress.
What landlord will need to do
- · In order for any claim currently suspended in the court process to continue after the courts reopen on 24th August, Landlords (the claimant) will have to write to both the tenant ( the defendant) and the court informing them that they wish to proceed with the claim, this MUST be in writing and will be known as a ‘Reactivation Notice’ as yet we do not know if this will need to be in any type of prescribed form.
- · Without a Reactivation notice claims WILL NOT be processed – There is no charge for submitting the Reactivation notice.
- · Landlords will need to provide the court with as much information as possible in relation to the tenants (and their dependants) circumstances regarding Covid-19, such as vulnerability, Shielding and financial status, eg: claiming UC or furloughed etc.
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Ideally this should be provided with the
Reactivation notice, but can be submitted prior to the hearing.
- · The landlord MUST provide a FULL rent arrears history up to the date this document is submitted to the court
Full guidance supporting this amendment is yet to be
released, but as soon as it is I will bring a more detailed update
