Can the stay on possession claims be lifted in the most exceptional circumstances?
a.hughes • May 28, 2020
Can the stay on possession claims be lifted in the most exceptional circumstances?
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 any landlords are suffering extreme hardship as a result of the 90 day stay, it is worth considering the argument in Arkin -v- Marshall, but it will be left to the Judge’s discretion whether the hardship amounts to exceptional circumstances in order to lift the stay.
Once the stay in possession proceedings is lifted the courts are likely to be dealing with a significant backlog of claims. If you have had a claim suspended or need to issue a new claim for possession, then it is crucial that that you follow the correct procedure. Mistakes could be more costly than ever.
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.
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