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"I don't want a lawyer to tell me what I cannot do. I hire him to tell me how to do what I want to doJ.P. Morgan"

Coronavirus and the suspension of possession claims



As many of you are already aware, there has been a range of measures introduced by Government recently, aimed to help contend with the coronavirus pandemic. Amongst these changes however and seemingly less well-known are the changes preventing landlords from being able to recover their residential properties during the coming months. 

These measures include: 

  1. The Coronavirus Act 2020 and more specifically Schedule 29 of the Act; and 
  2. A new Civil Procedure Rule Practice Direction 51Z, entitled Stay of Possession Proceedings – Coronavirus.

Without looking to go into too much detail here, the measures are designed to protect tenants from being evicted during the pandemic - delaying the start of any new evictions for three months and suspending the progression of any existing claims until 25 June 2020.

The purpose is to minimise the danger to public health and avoid the spread of the virus which might otherwise result if claims were being progressed and people evicted from their homes.

For landlords it means that whilst their obligations under the tenancy remain unaffected, their ultimate form of recourse in recovering the property is temporarily unavailable. The advice to them is to therefore work with their tenants as far as possible during this period and take professional advice if necessary.

If anyone does wish to discuss this further or needs advice regarding their tenancy, please feel free to contact us.


Article Date: 23/04/2020

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