Q&As

The introduction of CPR PD 51Z stays any possession actions under CPR 55 for 90 days, but is there anything preventing a landlord from bringing a monetary claim only in respect of rent arrears?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/04/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The introduction of CPR PD 51Z stays any possession actions under CPR 55 for 90 days, but is there anything preventing a landlord from bringing a monetary claim only in respect of rent arrears?

CPR PD 51Z has been introduced in response to the coronavirus pandemic in relation to possession proceedings, and is effective from 27 March 2020, automatically ceasing to have effect on 30 October 2020. It provides that all proceedings for possession brought under CPR 55 and all proceedings seeking to enforce an order for possession are stayed for a period of 90 days. In effect therefore extant possession claims and enforcement proceedings are automatically stayed. Additionally, by separate provision, from 26 March 2020 until 30 September 2020 (which may be extended) landlords must give three months’ notice to tenants if they intend to seek possession.

There is nothing in the Practice Direction that prevents a landlord from bringing a claim for debt in respect of arrears of rent. Such an action is not a possession action and therefore is not c

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