Nearly Legal: Housing Law News and Comment

Practice Direction 51Z – to Stay Possession Proceedings

Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related.

This introduces Practice Direction 51Z

The Master of the Rolls and the Lord Chancellor have signed Practice Direction 51Z (PD) in relation to housing possession proceedings during the Coronavirus pandemic. It follows the Coronavirus Act 2020 emergency legislation and complements the provisions herein to prevent imminent evictions and delay possession proceedings.

The PD is effective immediately ie from today, 27th March 2020

The main changes effected by this PD are:

All proceedings for housing possession brought under CPR Part 55 and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from today, 27th March 2020.

Claims for injunctive relief are not subject to the stay set out in paragraph 2 of the PD.

The PD ceases to have effect on 30th October 2020.

The full PD says:

1. This practice direction is made under rule 51.2 of the Civil Procedure Rules (“CPR”). It is intended to assess modifications to the rules and Practice Directions that may be necessary during the Coronavirus pandemic and the need to ensure that the administration of justice, including the enforcement of orders, is carried out so as not to endanger public health. As such it makes provision to stay proceedings for, and to enforce, possession. It ceases to have effect on 30 October 2020.

2. All proceedings for possession brought under CPR Part 55 and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from the date this Direction comes into force.

3. For the avoidance of doubt, claims for injunctive relief are not subject to the stay in paragraph 2.

 

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