Housing Law Update

Housing Law Update

The Civil Procedure (Amendment No. 3) Rules 2020

We discuss below the two amendments to the CPR that are of particular significance to housing professionals and which come into force on 23 August 2020. 

Amendment of Part 30 

Part 30 of the CPR deals with the transfer of proceedings within the County Court, between the High Court and the county courts and within the High Court. 

The Civil Procedure (Amendment No. 3) Rules 2020 (the “Rules”) amend Part 30 by inserting the following: 

“(3) Where— 

  1. proceedings for the enforcement of a judgment or order for possession of land are transferred by the County Court to the High Court; and 
  1. the land which is the subject of the possession order is located within the area of a District Registry, 

then, unless the court orders otherwise on or following transfer, the transfer shall be to that District Registry and all applications made in the High Court in relation to such transferred proceedings (including for any stay or suspension of any writ) shall be made in that District Registry.” 

Housing professionals should take note of this new procedural rule. 

Amendment of Part 83 

Part 83 of the CPR contains general rules about writs and warrants. 

The amendment to Part 83 applies to both County Court warrants and High Court writs of possession. 

From 23 August 2020, a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed. Please note that the Court may extend or shorten the time by which a notice of eviction must be given. 

Recipient of the notice 

The notice of eviction must be addressed to all persons against whom the possession order was made and “any other occupiers”. 

Delivery of the notice 

The notice must be delivered by inserting it through the letter box in a sealed transparent envelope; or if that is not practicable attaching a copy to the main door or some other part of the land so that it is clearly visible or, if that is not practicable, placing stakes in the land in places where they are clearly visible and attaching to each stake a copy of the notice in a sealed transparent envelope. 

The Landlord should arrange for the notice of eviction to be delivered to the property.  Alternatively, we could instruct a process server to deliver the notice.

This rule does not apply to: 

a) Writs or warrants of possession to enforce possession orders against trespassers (other than possession orders against persons who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises). 

b) Cases where the Court has dispensed with the requirement to deliver a notice of eviction. 

It will be our policy to seek an order dispensing with the requirement to deliver a notice of eviction and we will advise our Housing Association clients to do the same.  However, please note that as these rules have not yet come into force we do not know how Judges will respond to this request.

Due to the amendment to Part 83 of the CPR, evictions without notice can no longer take place. 

You can see the full text of the amendment to Part 83 of the CPR at: 

https://www.legislation.gov.uk/uksi/2020/747/article/16/made

Written by Erika Barnett, Solicitor and Team Leader Housing Management and Aoife Devereaux, Trainee Solicitor