Residential Landlord and Tenant – Reactivation Notices

Since the stay on possession claims was lifted on 21 September 2020, landlords wanting to continue with claims that were paused as a result of the Coronavirus pandemic have had to file a “reactivation notice”, which needs to contain specific information set out in the Civil Procedure Rules.

 

Once a reactivation notice is filed, the Court then lists a “review” hearing in order to consider the paperwork. This is an unattended hearing and is usually allocated 5 minutes of judicial time to check if everything is in order. It is also an opportunity for the tenant to seek legal advice and contact the landlord or their solicitor, in the hope that an agreement can be reached.

 

The latest feedback we have received from the Courts is that the vast majority of private landlords have been getting the reactivation notice wrong. In some circumstances, this can lead to the claim being struck out altogether. In others, the Court can be expected to send the reactivation notice back to the landlord, with instructions on how to put things right. Inevitably, this will lead to even further delays in a system which is already suffering with a huge backlog of cases.

 

If you need assistance to reactivate a possession claim that has already been issued; to start a new one from scratch, or to serve a Section 21 or Section 8 Notice, please get in touch for a no-obligation chat.

 

We act for both Landlords and Tenants in residential possession claims. Should you need any further assistance, please contact our Liam Kreibich on 01332 225207 or at liam.kreibich@smithpartnership.co.uk.

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