Covid-19 Court Reactivation Rule?

by Readers Question

13:20 PM, 28th July 2020
About 4 months ago

Covid-19 Court Reactivation Rule?

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Covid-19 Court Reactivation Rule?

It seems that the stay on possession hearings, ending 23rd August, will require a further piece of work by landlords in England and Wales. Can anyone please tell me if the “Reactivation Notice” in the Civil Procedure (Amendment No. 4) (Corona Virus) Rules 2020 No 751 (L.17) applies to progress an accelerated claim for possession?

The wording on the MOJ website seems ambiguous in that it mentions rent arears, hardship, shielding, etc and how the lockdown has impacted the circumstances of tenants and dependants.

My tenant is not in arrears, just won’t move out. I served the Notice in February and have submitted the forms and covering documents, almost a ream of paper, to the court in June.

Many thanks

Liz


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Comments

Julie Ford

15:36 PM, 28th July 2020
About 4 months ago

The Reactivation Notice will be required for all claims that were suspended until 3rd August.
This DOES include accelerated possession claims.
The Reactivation Notice must be served to the court and the tenant and must clearly state what you wish the court to do eg: List, Re-list, Hearing or refer.
It must also include info about how C-19 has effected the tenant and in the case of rent arrears claims must include 2yrs rent statements ( or the full length of the tenancy if less than 2yrs)

If you have already been issued a possession order or eviction warrant, which was then stayed, then a Reactivation Notice is not required.

WP

16:10 PM, 28th July 2020
About 4 months ago

AUGH - another bloody loophole for those dire tenants that LL's NEED to evict and who started possession orders before March, to use against the LL in court.

Everyone tenant and his dog will be claiming they are impacted by C19 so all that is going to do is constipate the process further, meaning that evictions take longer.... fuming!

Clint

10:01 AM, 29th July 2020
About 4 months ago

I had a hearing for a section 8 possession which was due to be held on 26th March. Do I need to do anything or do I have to provide a "Reactivation Notice" and if so, does it have to be done after 23rd August or can it be done before.

It would nice if the NRLA or any other body can provide a template for the notice.

WP

13:01 PM, 29th July 2020
About 4 months ago

Just heard back from my solicitor as I have asked them to instigate a reactivation notice asap after the 23rd Aug.

In response to my question to ask that they also note the impact to LL in addition to any known 'hardships via C19 for tenant', just to make it FAIR to show impact to both parties... I had the following response...

X has confirmed that even if this information were detailed, it would only be accepted in very exceptional circumstances (i.e. the landlord going to become homeless).
Unfortunately, I do not believe the court will deem your circumstances exceptional enough. Please note that the court has already refused my colleague’s application. This was even the case where one of the landlord’s health was severely at risk.
In other words WHATEVER the eviction, WHENEVER you applied...kiss any chance of getting a tenant out under any circumstances till March/April 2020 IF YOU ARE LUCKY.

Luke P

13:11 PM, 29th July 2020
About 4 months ago

Reply to the comment left by WP at 29/07/2020 - 13:01
Ask the solicitor what this means in real terms…could the reapply (futile, I know)? If not, how long does one wait?

WP

13:15 PM, 29th July 2020
About 4 months ago

Reply to the comment left by Luke P at 29/07/2020 - 13:11
I;ll ask - at mo I think the whole idea of the Reactivation notice is woolly and not overly clear so solicitors trying to find all this stuff out too... grrrrr

Chris @ Possession Friend

16:19 PM, 29th July 2020
About 4 months ago

2 copies of the Reactivation Notice must be brought to the hearing and must have been served on the defendant ( tenant[s] each of them ) at least 14 days before the hearing.
Notice must state the applicant wants his/her case to be ; listed, re-listed, or heard. ( as Julie said above )


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