New practice direction for housing possession claims and what it means for landlords
a.hughes • April 3, 2020
The Master of the Rolls and the Lord Chancellor have signed Practice Direction 51Z (PD) staying all possession matters that are ongoing for a minimum of 3 months during the COVID-19 pandemic. The PD is effective from 27th March 2020.
This means that all housing possession claims and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from 27th March 2020. This date can be extended if needed.
Even though court action cannot be taken there are still some options available to landlords. You can read about the alternatives to possession proceedings during this period here -
https://www.woodstockpropertylaw.com/covid-19-impact-on-the-private-rental-sector
The pandemic does not mean a rent free period for tenants. There is support available for tenants who find themselves facing financial hardship. In the first instance tenants are encouraged to discuss with their landlord if they are genuinely unable to pay some or all of their rent.
The Government has introduced a strong package of financial support, which includes: -
- The pre-action protocol requirement will be extended to private rented sector. This will help landlords and tenants to agree reasonable repayment plans where rent arrears may have arisen.
- The Chancellor announced the Government will pay up to 80% of a worker’s wages, up to a total of £2,500 per month, where workers are placed on the Coronavirus Job Retention Scheme.
- Self employed workers can claim a grant through the Coronavirus Self-employment Income Support Scheme
- Both Universal Credit and Housing Benefit will increase and from April, Local Housing Allowance rates will pay for at least 30% of market rents in each area.
- There are also grants for businesses who pay little or no business rates
- For self employed workers there is a deferral of Self Assessment income tax payments due in July 2020 and VAT payments due from 20 March 2020 until 30 June 2020
Some landlords have obtained a ‘mortgage holiday’ during this crisis. This does not mean that there is any free money. Landlords will still need to cover this amount, either through increased monthly repayments or increasing the mortgage term (which means paying more interest over the term of the mortgage).
Therefore, tenants must still continue to pay their rent where they can. In many cases the COVID-19 outbreak should not affect a tenant’s ability to pay rent. If there is an impact, then as a result of the Job Retention Scheme and the Self Employed Income Support Scheme, it is not unreasonable to expect tenants to pay at least 80% of their rent.
We appreciate that the support is not available for everyone and for those genuinely facing hardship we encourage landlords and tenants to work together during this difficult time.
Communicate, mediate, don't litigate where at all possible and stay safe.
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We are delighted to share that Woodstock Legal Services has been shortlisted for Conveyancing Firm of the Year - South of England at the Modern Law Conveyancing Awards 2026 . We are also proud to see Bethany Hudson , one of our Consultant Licensed Conveyancers, shortlisted for Rising Star of the Year. With our head office in Poole, Dorset, we are proud of our roots in the South West and the relationships we have built within the region’s property community. These shortlists recognise both the strength of our Residential Property team and the people behind the scenes who support our clients throughout their property journey. At Woodstock Legal Services, our focus has always been on building a conveyancing service that works for both our clients and our consultants. By bringing together experienced conveyancers with dedicated back-office support and the right infrastructure, we aim to make the process of buying and selling property as straightforward as possible, while giving our lawyers the flexibility and support to deliver excellent client care. Our connection to the South West remains an important part of who we are. Through relationships with local property professionals and organisations such as Poole Property Club , we continue to build connections within the property market while supporting clients across England and Wales. Over the past year, our Residential Property team has continued to grow, supported by investment in our people, processes and technology. Our dedicated back-office teams play an equally important role, helping keep transactions moving so our conveyancers can focus on their clients and the legal work that matters most. Being shortlisted for Conveyancing Firm of the Year in the South of England is a recognition of the collective effort behind our service, from the conveyancers working directly with clients to the teams supporting them behind the scenes. Car Jermyn Managing Director of Woodstock Legal Services, added: " I’m incredibly proud to see Woodstock Legal Services shortlisted for Conveyancing Firm of the Year and Bethany Hudson recognised as a Rising Star. Both awards reflect the quality of our lawyers and the commitment of the wider team supporting them. It’s great to see the work happening across our business recognised, particularly in the South of England, where our roots are firmly established. " A growing modern law firm As we continue to grow, we are always keen to speak with experienced lawyers who want to work differently, be properly supported, and be part of a collaborative community. Behind every successful consultant is the right firm. Click here to see why consultants choose Woodstock.
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