Reactivation Notice

27th July 2020 Commercial Litigation

We already wrote here about the new Practice Directions 55C (the “PD”), which was published last week.

While the PD set out that a reactivation notice will be required in order to restart possession claims issued before 3 August 2020, no standard form template was provided. Details of what a reactivation notice must include are set out in the PD. JMW have provided an example of what a reactivation notice might look like here.

When completing it, you will need to fill in the landlord and tenant’s names, the court name and the court claim number.

In para 2 you will need to say what you are asking the court to do with your hearing.

You will need to delete para 3 or 4, depending on what information you have about the effect of the Coronavirus pandemic on the tenant and their dependants. Use para 3 and delete para 4 if you have no knowledge of the above. Alternatively, delete para 3 and include, in as much detail as possible, any information you do have in para 4.

You only need to use para 5 if the claim is based on rent arrears, in which case you should enclose an updated rent account for the previous years.

Para 6 is required where case management directions were made prior to 23 August. If this is the case, then you should include the enclosures mentioned in paras 6a and 6b. Choose between paras 6c and 6d depending on whether new directions are required and explain in para 6e whether the case is or it is not suitable for hearing by video or audio link.

It is important to prepare reactivation notices carefully, thoroughly and in as much detail as possible. Considering that the courts are expected to be overwhelmed by significant backlogs after the stay on possession claims is lifted, it will not be surprising if faulty or incomplete reactivation notices are simply not processed, or even if an opportunity is allowed to rectify a reactivation notice, the resulting delay to the parties could be substantial.

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David Smith is a Partner located in Londonin our Commercial Litigation department

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Neli Borisova is a Solicitor located in Londonin our Commercial Litigation department

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