temporary changes to eviction proceedings
In this 2 minute read Hannah takes a brief look at the temporary changes to procedures when eviction proceedings resume
The government has announced some temporary changes to procedures when eviction proceedings resume, starting off with claimants needing to issue a āreactivation noticeā to the courts and defendant.The Government has made a temporary amendment to Civil Procedure Rules 1998 in an attempted to manage the resumption of possession proceedings when theāmoratorium on evictionsā ends on 23 August 2020. The temporary amendment makes several changes to the usual process for possession proceedings, including requiring claimants who wish to resume proceedings
to āinform the court and defendant in writing of this after the expiry of the stay in a 'reactivation notice'ā and acknowledges that the government expects an āincreased volumeā in possession proceedings. The temporary amendment will apply in England and Wales until 28 March 2021, although the changes may be reviewed before then. Changes under the temporary amendment include:
ļ· Claimants will now be required to inform the court and the defendant in writing that they want to resume stayed proceedings after the expiry of the stay.
ļ· Claimants will also be required to provide any relevant information about the defendantās circumstances,
including information on the effect of the pandemic on the defendant and their dependants, so the court can consider
defendantsā vulnerability, disability, and social security position, and those who are āshieldingā.
ļ· Claimants will also need to, as far as practicable, produce the full arrears history of the defendant in advance rather than at the hearing.
ļ· The court will be allowed to fix a date either on or after issue, so that hearings may be appropriately spread out.
ļ· The court will also be able to suspend the standard period between issue of a claim form and hearing, which usually would be not more than eight weeks, again to spread out hearings appropriately to ensure that the court has capacity.
These changes have been made to help prevent homelessness and to protect the public. The government want to ensure the civil justice system is āaccessible, fair and efficientā.
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