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New court eviction procedures to address Covid backlog

Mon 27 July 2020

The Government has outlined new court procedures to address the expected backlog of cases when eviction proceedings resume on August the 24th.

Andrew Luxton MRICS FARLA Partner Stags lettings explains it is vital that landlords or their agent, for all applications made before August the 3rd, must notify the court and the defendant in writing that they wish to continue the case. Without this reactivation notice cases started before August the 3rd will not resume. In addition, the landlord or agent should ascertain whether the tenant is shielding or is in some way vulnerable to Covid.

The landlord or agent must also itemise arrears in writing, ideally as part of the reactivation notice if this is relevant to the eviction. Although this process will be in place until 28th March 2021 with an earlier review if circumstances change.

Andrew Luxton confirms that with all the landlord and tenant issues arisen as a result of the Covid crisis they have always tried to negotiate a resolution, having to resort to the court process only as a last resort. The majority of landlords have been sympathetic to a change in the tenants financial position but it must be remembered that a landlord often requires possession as a result of other factors, or to live in the property themselves following a change in their circumstances.

For any advice in relation to the letting or management of your property during this difficult time then call us.


 

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