The following Property Disputes guidance note Produced in partnership with Victoria Jones provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:
claims for possession brought under CPR Part 55 (including appeals and proceedings to enforce an order for possession by a warrant or writ of possession)
forfeiture of business leases on the grounds of non-payment of rent
a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods
service of various notices to recover possession of residential properties
practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
insolvency legislation of both a permanent and temporary nature
For further information and guidance, see: Coronavirus (COVID-19)—implications for property.
There are typically three situations in which a commercial landlord will use CPR 55:
possession claim following expiry of a lease (whether or not subject to the Landlord and Tenant Act 1954) (LTA 1954) or licence
possession claim based on a valid forfeiture clause
possession claim against trespassers (which may include seeking an Interim Possession Order)
CPR 55 also sets out the procedure for an application by a tenant for relief from forfeiture. For further guidance, see Practice Notes: Claiming relief from forfeiture when breach is rent arrears and Claiming relief from forfeiture for any breach other than rent arrears.
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