Anticipating the next stage of the Possession Claims has been Difficult
Last week, on the Friday 17th July as a result of the Coronavirus Act 2020, it was announced that the Civil Procedure Rules relating to possession claims would be changed, however, it was only this week that those changes were announced.
The Impact of CoronavirusAfter 5 months of housing possession being suspended, the courts will re-open to hear possession claims on the 23rd August 2020, and as a result, the New Practice Direction (PD) will apply for an “interim period” from 23 August 2020 until 28 March 2021. For private landlords must now attend any court hearing with two copies of a notice which sets out exactly what they know about the effect of the coronavirus on the tenant. This notice must be sent to the tenant before the hearing. This protocol also applies to Accelerated Possession Proceedings, which means that a similar notice MUST be included. PLEASE NOTE THE N5B WILL NOT BE AMENDED TO DEAL WITH THIS CHANGE NOR WILL CLAIMANTS BE REMINDED.
Existing ClaimsThe PD 55C will separate claims into TWO groups :-
Group 1 - Claims that were issued before 3 August 2020
Group 2 - Claims issued on or after 3 August 2020.
10 ‘Nightingale Courts’ unveiled by The Lord Chancellor.
The Chancellor announced yesterday (19 July 2020) that locations for 10 ‘Nightingale Courts’ have been rapidly set up to tackle the impact of coronavirus on the justice system.
We are clear that Covid-19 has impacted every sphere of life, and this does not exclude the Justice System and Courts. There is a misconception that the Courts have been closed as a result of Lockdown and therefore there is a significant backlog on all areas, not just the housing sector. Cases have been taking place, albeit via telephone hearings and video link, however, these resources have not been able to “catch up” with the sheer volume of cases that have been postponed.
The 10 sites will host the so-called Nightingale Courts with ongoing work to identify more potential locations. This will start to alleviate the pressure on courts and tribunals resulting from the pandemic – ensuring that the wheels of justice keep turning.
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Temporary courts to begin hearing cases from next week
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Move will ease pressure on courts system and tackle the number of outstanding cases
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Part of Government plan to ensure justice continues to be served throughout pandemic
Post-Lockdown and Looking forward to 1st August 2020 and Beyond
Yesterday Boris Johnson took to the podium for the first time in 2 weeks to announce the next phase the Government’s plan to move the UK back towards some kind of “normalcy”. Since the WHO announced that what the World was facing was a “Pandemic”, all eyes and ears have been on the UK Government to see what would happen next.
Almost 4 months since Lockdown, life has changed beyond all recognition - queuing, which we British were so famous for, is the norm, no unruly behaviour in the Aldi car park when waiting patiently to be allowed in. Cleanliness and hygiene is at their front of everyone’s mind - those who mocked those who wiped their cutlery before eating in a restaurant or cafe or sprayed their desks, keyboards and phones with Dettol, are not laughing now. This will always part of the new “normal”. With face masks and face coverings mandatory on public transport and due to become mandatory in shops and all retail outlets, the attitude to wearing masks in public has changed dramatically as more and more scientific evidence shows the risk of transmission the virus could be spread by tiny particles suspended in the air . Some people feel anxious about the way in which we will no longer be able to “read” facial expressions, reliant only on the eyes and the emotion expressed through the windows of our soul.
No DSS bans 'Ruled' Unlawful by Court
As many of you will be aware Shelter have been encouraging DSS (DWP) applicants to challenge agents for some time. There was an out of court settlement made to an applicant in 2018.
As a consequence, as often happens, a case was brought before York County Court on 1 July involving a letting agent who had a blanket ban on DSS applicants. District Judge Victoria Mark ruled: "Rejecting tenancy applications because the applicant is in receipt of housing benefit was unlawfully indirectly discriminatory on the grounds of sex and disability contrary to Sections 19 and 29 of the Equality Act 2010”.