claim against courts for failure to list possession claims
Possession - Section 8 and Section 21

0 Thanks
2 Posts
1 week ago

I have active possession proceedings against my tenant under s.8 for extreme rent arrears (12 month's rent outstanding). My case was listed for a hearing on 7 April 2020 just before the suspension in evictions. I have served a "reactivation notice" and the Court have confirmed that my case has been sent to the listing office but thus far despite the lifting on the eviction ban, my case has not been listed.

I am a solicitor who practices public law litigation. I am concerned that a significant delay in listing of possession claims with substantial pre covid rent arrears could be unlawful (delay by a public authority can in certain circumstances become unlawful). The Court service need to have a proper plan in place as to how they will deal with the backlog in cases. I have asked them for their plan and they do not respond to me. This is unreasonable. There may be a meritorious judicial review claim here.

A group action by a number of affected landlords may be more effective than a single claim by me. I would like to seek specialist advice from a housing barrister but I will need to pay for this. Are the Landlord's association aware of any existing claims on the basis of unlawful delay? If so, could you put me in touch with the landlords? It may only be a problem in specific busy court locations (I am in London and my case sits with the Clerkenwell and Shoreditch County Court)? Alternatively I am happy to investigate the strength of any claim with a group of other landlords.

Many thanks!


Please Login

You must be logged in to participate in our forums, to continue please login below.

Not a member? From only £75 you can join in the discussion and get access to member's only resources and services join now.