News article

The extension of the stay on possession proceedings

Posted by Natalie Pearson 28/08/20

All possession proceedings under Civil Procedure Rules (CPR) Part 55 have been stayed until 20 September 2020

On 21 August 2020, the government announced that the stay imposed on possession proceedings under Part 55 CPR would continue until 20 September 2020. On 22 August 2020, rule 55.29 of the CPR was amended to stay all possession proceedings that started on or before 19 September 2020 until 20 September.

The stay on possession proceedings includes applications to enforce a possession order by a warrant or writ, and to appeals of possession orders.   

The stay does not apply to:

  • claims for possession not made under part 55, for example a claim for an order for sale
  • claims for injunctions
  • claims against trespassers where the claim is against ‘persons unknown’
  • interim possession orders against squatters
  • applications for case management directions where the parties have agreed
  • excluded occupiers who do not need a court order to be evicted

The Shelter Legal pages protection for tenants and mortgage payment problems have more information about what other measures have been introduced to protect tenants and homeowners during the coronavirus (COVID-19) pandemic.

 

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