Following the Covid-19 outbreak, on 27 March 2020 Practice Direction 51Z was published imposing an automatic stay of 90 days on all possession claims and evictions. No housing possession claims can progress to eviction during the 90 day period to ensure that the administration of justice, including the enforcement of orders, is carried out so as not to endanger public health and to prevent the spread of the virus.

There has however been a challenge to the lawfulness of this Practice Direction. In the Court of Appeal, Judgment has been handed down in Arkin -v- Marshall ruling that the 90-day stay on possession claims from 27 March 2020 was not unlawful because it was a pilot scheme and does not prevent access to justice. The Court of Appeal found that the Judge was correct not to lift the stay in this particular case.  However, the Court of Appeal did not rule out that there might be the exceptional circumstances in which such a stay could be lifted. 

If you wold like to discuss your claim for possession with the team or  would like advice on how to make sure your claim is dealt with quickly and efficiently by the courts, then please get in touch and we will be happy to help.