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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.

This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. This update relates to the prevailing circumstances at the date of its original publication and may not have been updated to reflect subsequent developments. If you have general queries about our updates, please email: mailinglists@greenwoods.co.uk




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      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