Skip to main content
Sign up to updates
FIND A LAWYER
ARTICLE

Our insight into how the courts are handling possession cases

The ban on residential evictions came to an end on 31 May 2021, meaning that property guardian companies can (and should) take action against problem guardians now. In this update, we share our experience of how the courts are handling possession cases and other practical tips to avoid the court procedure.

In light of the ban, there is a backlog of possession cases waiting to be heard and/or possession orders enforced. Getting a possession claim heard in the county court is, therefore, more likely to take months than weeks. Whilst the ban on residential evictions has currently been lifted, this could rapidly change again if for example, we were to end up in another lockdown due to a rise in cases of a new Covid-variant. We have also encountered delays to court proceedings due to the courts listing a “review hearing” to review the papers and then deciding whether to list a hearing at a later date. We are therefore strongly urging property guardian companies to take prompt action against problem guardians to get the ball rolling with regard to possession proceedings. This is particularly important for buildings when you must hand them back in the next few months.

We previously shared our tips if you are facing a problem guardian here.

We have also been helping some property guardian companies with other business strategies to protect their position, including advising during pre-contract discussions with building owners and agents to best protect your position in the event of a difficult guardian. This will include a particular focus on the authorisation/master agreement’s liability provisions.

Our specialist Property Guardianship Team is on hand to help you with the best route forward. From risk-mitigation at the pre-contract stage to handling problem guardians. We can help.

Greenwoods Legal LLP is a Limited Liability Partnership, registered in England, registered number OC306912. Our registered office is Queens House, 55-56 Lincoln’s Inn Fields, London, WC2A 3LJ. A list of the members’ names is available for inspection at our offices in Peterborough, Cambridge and London. Authorised and regulated by the Solicitors Regulation Authority, SRA number 401162. Details of the Solicitors’ Codes of Conduct can be found at www.sra.org.uk. All instructions accepted by Greenwoods Legal LLP are subject to our current Terms of Business. VAT Reg No: 161 9287 89.




    By completing and submitting this form, you consent to Greenwoods Legal LLP processing your personal data to provide you with the email update services you have selected and any other materials and information about our services that Greenwoods Legal LLP reasonably believes will be of interest to you. You are free to withdraw your consent at any time by emailing mailinglists@greenwoods.co.uk