April 6, 2020

The outbreak of Coronavirus in the UK has left many industries in shock, with no exception to the private rent sector.

After reviewing the process the Courts have now published a list of Landlord and Tenant hearings that they must hear and cases that they may hear (depending on individual circumstances of the case and judicial capacity).

The Court must hear:

  • Tenant’s Applications to Stay Possession Orders
  • Landlord’s enforcement matters that do not involve Bailiffs, for example applications for Third Party Debt Orders and Attachment of Earnings Order

The Court may continue to hear:

  • Any small claim where the parties agree it is urgent.

As expected, possession matters do not appear in the update because they have all been stayed for 90 days.

However, there is a glimmer of hope, as we now have confirmation that we can proceed to enforce Judgments in the ordinary way and the Court must deal with them.

A small claim, i.e. a claim for money only, for example where a Tenant has vacated the property with rent arrears or there is a claim for dilapidations that the deposit does not cover, will be heard where both parties agree it is urgent. In reality, there are probably not many situations where a Tenant would agree it is urgent, so these types of matters are unlikely to be processed by the Courts at this time.

Legal support for landlords

Our sector-leading specialist landlord team can provide expert advice on landlord matters at this unprecedented time. Please get in contact with Faye Craggs, Commercial Litigation Solicitor on 01743 218450 or on email landlordandtenant@terry-jones.co.uk.

In line with government advice and to protect the well being of our clients and colleagues, we have made the move to remote working for the majority of our staff. However, we remain available for advice and guidance for the duration of this crisis.

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