COVID-19 and stay of possession proceedings – response from Master of the Rolls

 

Following the issues raised by the PLA and PBA in a joint letter to the Master of the Rolls (click here to read the letter), Practice Direction 51Z – Stay of Possession Proceedings and Extension of Time Limits – Coronavirus was amended on 20 April 2020. The important amendments now in force exclude the following from the stay imposed on possession proceedings brought under CPR Part 55:

(1) A claim against trespassers to which rule 55.6 applies (i.e. claims against “persons unknown”);
(2) An application for an interim possession order under rule 55.28(1); and
(3) An application for case management directions which are agreed by all the parties.

The Master of the Rolls’ letter in response can be seen here. These amendments address significant concerns raised by PLA members, the most significant of which was that landlord clients would be forced to put up with trespassers and the damage they may cause to property while the stay of proceedings remained in force.

Click here to read the CORONAVIRUS BULLETIN 6 INFORMATION FOR QUEEN’S BENCH COURT USERS
POSSESSION CLAIMS AGAINST TRESPASSERS UNDER CPR PART 55 – QBD.