Residential Possession Proceedings Are Moving Once More

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The stay on residential possession proceedings, arising from the Coronavirus Act 2020, has now ended (on 20th September 2020).

We have outlined how this affects both existing, and new possession proceedings:

Existing Possession Proceedings

Guidance called the ‘Overall Arrangements’ has been published and sets out the process for re-starting previously stayed proceedings.  It is necessary to complete a Reactivation Notice if you want your case to proceed. The court will not automatically move your case forward.

The Reactivation notices need to be submitted to the Court by 29 January 2021 and the guidance has suggested that certain cases will be treated with priority, including those cases with extreme rent arrears, cases with allegations of anti-social behaviour and cases involving alleged squatters or illegal occupiers.

If you have an existing case which was stayed under the Coronavirus Act, it is imperative that you reactivate this in time.


New possession Proceedings

The Courts are expecting a surge in demand after this unprecedented period of inactivity. With a surge in reactivated cases which were already in the system, early action on new cases is preferable to ensure that the Courts move your case forward as swiftly as possible.

Whatever the issue with your tenants, our property litigation team are here to help and can advise you on the routes available, issue the necessary notices and navigate proceedings to regain control of your rental property.


Our team at Bennett Griffin are able to assist you with any new or existing proceedings and can be contacted on 01903 229999 or .

Disclaimer – Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.