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Government publishes reactivation notice
The Government has published a reactivation notice which can be found here. Whilst it is not a prescribed form, we would suggest that you use it.
The reactivation notice is not a tick box exercise and you will have to include details of what you know about the tenant and the actions you took to try to assist them.
Alongside the reactivation notice, a prioritisation list has also been published which includes:
- ASB, including absolute grounds
- Extreme rent arrears (at least 12 months, or 9 months where that amounts to more than 25% of a private landlord’s income)
- Squatters, illegal occupiers, persons unknown
- Domestic violence and possession is important (this is where the landlord is a Social Landlord)
- Fraud or deception
- Unlawful subletting
- Abandonment, non-occupation or death of a Defendant
- Temporary accommodation required for reallocation
Subject to the above, priority will be given to claims issued before the stay.
We would suggest that you give consideration to the prioritisation list before you issue claims.
For any claim sent to Court before 3 August 2020, including claims relying on Section 21, you will need to file a reactivation notice with the Court. Where you have issued a rent claim, you will need to file a rent statement covering a two-year period with the reactivation notice. We would, however, suggest that a two-year rent statement is filed with any reactivation notice, regardless of the ground.
As you will probably be aware, there will now be a review hearing and you must file a bundle with the Court prior to the hearing. For rent cases, the bundle should contain:
- the pleadings
- the reactivation notice
- the notice of seeking possession and the certificate of service
- an up to date rent statement
- a short witness statement setting out what has happened.
You will need to make sure the witness statement has been filed and served and, of course, the bundle must be served on the Defendant as well as being sent to Court.
For ASB cases, or if you have any other questions, please give us a call.