Courts: New repossession rules

22 Jul 2020 12:10 PM

The strict procedures landlords must now follow when bringing forward possession cases have been laid out by government.

Ministers announced there would be changes to the process on Friday – and have now released  more details as to what landlords will need to do under new Civil Procedure Rules.

Courts will reopen on August 24 following a five month ban on evictions, introduced by the government in a bid to protect renters during the Covid-19 crisis.

The principle changes are that landlords will need to confirm they wish to make or continue with a claim by filling in a reactivation notice and sending it to the court and the tenants and must take into account how tenants’ circumstances have been affected by coronavirus.

New rules

The government says landlords must follow ‘strict procedures’ if they want to gain possession of their property, depending on the type of tenancy agreement in place and the terms of it.

The new rules mean:


The Government has stressed it is keen to encourage landlords wherever possible, NOT to pursue non-priority cases through the courts. 

It considers priority cases to be those involving anti-social behaviour, extreme rent arrears, domestic abuse, cases involving squatters, fraud or unlawful subletting. The NRLA welcomes this move, which came about after the association lobbied the Government on the issue.

It is also encouraging landlords and tenants to consider mediation, in which an independent third-party helps both parties reach a mutually acceptable agreement to resolve their dispute, without the matter needing to go to court.

NRLA chief executive Ben Beadle sits on a Government-led working group, alongside representatives from across the industry, which continues to look at other measures to support the reopening of the courts.