Eviction process of tenants back to normal?
28th July 2020 by Byron Sims
Earlier this year, the government stopped all court claims for eviction of tenants, with a few exceptions such as for trespass. This was done by all such claims being automatically “stayed” (i.e. frozen). This stay is due to end on 23 August 2020.
What happens next?
Court claims lodged before 3 August will need:
- a reactivation notice to be served;
- a notice setting out the knowledge that the landlord has to the effect of COVID-19 on the defendant and their dependants; and
- if directions have been made by the court (such as dates for a hearing), a suggestion for how these may be adapted or whether the hearing could be carried out remotely.
If no reactivation notice has been served by 29 January 2021, the claim will be automatically stayed. Interestingly, the rules make clear that, if the claim is stayed in this manner, it is not to be viewed as a penalty.
Court claims lodged on or after 3 August will not need the reactivation notice. However, they will need to be accompanied by information regarding the effects of the coronavirus on the tenant and dependants.
So, when should we start court proceedings?
The court currently has a huge backlog of cases and it is likely that they will be dealt with in order in which they were lodged. It is likely therefore to be better to issue sooner.
If you or your business needs any assistance in starting a residential tenancy or recovering possession, please contact our team today and we will be happy to help.