Important legal Update – Possession Proceedings Evictions of Failed Asylum Seeker

At least 14 days’ notice of eviction is now required in both the County Court and High Court. No enforcement of possession orders will proceed where local lockdown measures are in place to protect public health or, other than in the most serious cases, over the Christmas period. All cases (stayed and new) will ordinarily proceed to a Review (the ‘R-date’) and then, where necessary, a Substantive Claims brought on or after 3 August – Covid-19 notices For all claims brought on or after 3 August 2020, the Claimant must bring to the hearing two copies of a notice which, amongst other things, sets out the knowledge the Claimant has of the effect of the coronavirus pandemic on the Defendant and their dependents.  There is no pro forma notice currently available for this purpose, but the wording used in the reactivation notices could provide a useful template.  As commentators have observed, there is no associated legal duty to make inquiries as to the effect of the pandemic on tenants and no apparent sanction for failing to provide any information. Nevertheless, it may be that a court will adjourn a case and direct inquiries be made if the notice provided contains no useful information.hearing (the ‘S-hearing’).
Read more: Doughty Street Chambers.

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