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Dealing with possession claims post-stay – PD55C and what it entails (29 July 2020)

Date: 29/07/2020
Duncan Lewis, Legal News Solicitors, Dealing with possession claims post-stay – PD55C and what it entails

On 17 July 2020 the Master of the Rolls issued the new Practice Direction 55C (PD55C) which will come into force on 23 August 2020 and end on 28 March 2021 (the ‘interim period’).

PD55C in essence requires parties to file and serve a notice of reactivation for all stayed claims in order to “reactivate” them. PD55C will regulate the influx of possession claims following the upcoming lift of the stay on all possession claims under PD51Z on 23 August 2020.

PD55C will deal with both ‘stayed claims’ (brought on or before 22 August 2020) and ‘new claims’ (brought after 22 August 2020). It must however be noted that the requirement for a reactivation notice does not apply for claims brought on or after 3 August 2020.

A notice of reactivation must state firstly whether the parties wish the case to be listed, relisted, heard, or referred to a judge under rule 55.15.

Secondly, it must set out what knowledge that party has as to the effect of the coronavirus pandemic on the defendant and their dependants (except for proceedings relating to an appeal).

Though there are no set layouts for a reactivation notice, from the comprehensive language within PD55C which clearly sets out what must be included in the notice, it appears that no application notice would be required when filing and serving a reactivation notice.

The reactivation notice must however be filed irrespective of whether the claim had already been listed for a trial date after 23 August 2020 or had been listed for a trial prior to 27 March 2020. Any hearing listed for stayed claims without a reactivation notice will be vacated.

If a reactivation notice is not served 42 days prior to a pre-PD55C listed hearing date the claim will automatically be stayed.

Similarly, if by 4.00 pm on 29 January 2021, no reactivation notice has been filed and served in relation to a stayed claim, the claim will be automatically stayed.

It will be relieving to know that an automatic stay is not a sanction for breach and the relief from sanctions under rule 3.9 will not apply when making an application to lift the stay.

For stayed claims where case management directions were made before 23 August 2020, paragraph 5.1 helpfully outlines what must be included along with the reactivation notice, namely:


  • (a) a copy of the last directions order together with new dates for compliance with the directions taking account of the stay before 23 August 2020; and either;


  1. a draft order setting out additional or alternative directions (including proposing a new hearing date) which are required; or

  2. a statement in writing that no new directions are required and that an existing hearing date can be met; and

  3. a statement in writing whether the case is suitable for hearing by video or audio link.


If the other parties do not agree with what is proposed in the reactivation notice, a response must be filed and served within 14 days from the day of service of the reactivation notice.

In accordance with paragraph 2.4 for proceedings relating to an appeal, where a reactivation notice is filed and served by the claimant and the claim is based on arrears of rent, the claimant must provide with the notice an updated rent account for the previous two years.

In response to the reactivation notice courts will give parties at least 21 days’ notice of any listed or relisted hearing. Please be aware that during the interim period the standard period between the issuing of a claim form and hearing of eight weeks, will not apply.

Though this procedure is new and untested for judges and solicitors alike it will hopefully positively assist the courts to manage the impending influx of backlogged possession claims.

Author Anjalee Ranawaka is a caseworker in the housing department at Duncan Lewis Solicitors and has experience handling a wide range of social housing matters. She is supervised by housing director Manjinder Kaur Atwal.
Contact Anjalee on 02031141110 or at anjaleer@duncanlewis.com

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