Practice Direction 55C Phasing Out
Practice Direction 55C was brought in last year to ease back into possession proceedings after they were suspended during the pandemic. It’s reported that it will partially end on 30 November 2021.
PD55C includes the requirement for the landlord to provide notice about any known effect of coronavirus on the tenant, which remains until at least 30 June 2022.
As a result, removing other parts of PD55C will have little impact on most landlords, as those other parts mostly covered how the court handled listings.
As a reminder, Practice Direction 55C requires the notice about the effect of coronavirus on the tenant and household to be issued with any accelerated possession claim form and within 14 days of a hearing (for example, a section 8 rent arrears hearing).
A sample notice is available for subscribers in the court forms guidance pages (England). For Wales, use this court forms guidance.
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View Related Handbook Page
Applying to Court for Possession — Accelerated Procedure
An application for possession by the accelerated procedure is only available after service of a section 21 notice and is processed using the N5B claim form.
Applying to Court for Possession — Standard Procedure
Only the landlord or their solicitor can sign the court papers. A common reason for possession claims being rejected by the court is that a letting agent signs them. A letting agent can help the landlord draft the paperwork, but they cannot sign on the landlord’s behalf, and they do not have a right to represent the landlord in court in the landlord’s absence. A landlord who is likely to be absent from the UK will need to instruct a solicitor to commence legal action if they wish to be represented in their absence.