What is a Unique Property Reference Number?
Unique Property Reference Numbers (UPRNs) are identifiers for every addressable location in Great Britain. A property is allocated a UPRN with geographical coordinates to produce one true record for each address. An addressable location can include any kind of building, or object, that might not have a conventional address.
Previously, these unique identifiers could only be accessed by those with specific software and licences whereas they are now available to the public. If UPRNs are successfully adopted on a universal basis, many anticipate that they will optimise the conveyancing process.
Earlier this year, conveyancing solicitors signed an open letter urging MPs to encourage a streamlined adoption of UPRNs, in the hope of speeding up the property buying and selling process. Some months later, the government yields support in favour of a widespread adoption of this unique system of property identification, with the Minister for Housing, Rt Hon Christopher Pincher MP stating that the widespread adoption of UPRNs is fundamental to supporting the post-pandemic landscape of the housing sector. Despite the government’s commendation of the UPRN model, we are yet to reach the level of significant public awareness required to universally implement the system.
A quick timeline of the temporary changes that were made to possession proceedings
On 27th March 2020, a new Practice Direction (PD 51Z) came into force. This Practice Direction imposed a stay on the majority of possession proceedings brought under CPR 55 and most proceedings seeking to enforce an order for possession by a warrant or writ of possession. This remained in force until 25th June 2020.
Under The Civil Procedure (Amendment No 2)(Coronavirus) Rules 2020, a new temporary rule (CPR 55.29) was made on 10th June 2020 and came into force on 25th June 2020, when the stay on proceedings under PD 51Z ended. This new rule extended the stay on possession proceedings and proceedings to enforce possession orders until 20th September 2020.
These changes meant that even though landlords could issue possession proceedings after the date specified in a section 21 notice, these proceedings were stayed instantly until 20th September 2020.
Residential tenants have been afforded further protection due to measures introduced meaning that in England and Wales, orders for possession may not be enforced during the time of a national lockdown, except in a number of exceptional circumstances. This also extends to properties in areas subject to more stringent local restrictions where there is no national lockdown, or if a person living in a property has COVID-19 symptoms or is self-isolating.
However, a new Practice Direction (PD 55C) came into force on 20 September 2020 and will apply until 30 November 2021.
Where are we now?…
Under Section 81 and Schedule 29 CVA 2020, notice periods for possession proceedings for certain residential tenancies have been extended. These provisions came into force on 26 March 2020 and will end on 30 September 2021 in England and Wales.
The notice periods required prior to the commencement of possession proceedings under different grounds of eviction are established in a section 8 notice. Under the Housing Act 1988 (HA 1988), the minimum notice period for a section 21 notice has changed numerous times in England and Wales since the beginning of the pandemic. In England, for section 21 notices served between 1st June 2021 and 30th September 2021, a minimum of four months notice is required. The same goes for section 8 notices served during this period, however, if an exception applies, e.g. where a landlord relies on rent arrears grounds, the notice period may be shorter.
The notice periods in Wales vary from those in England with a minimum notice period of six months for a section 21 notice that is served between 24th July 2020 and 30th September 2021. Generally, the notice period given for a section 8 notice will also be six months, however, this may be reduced where a landlord relies on certain grounds, for example, anti-social behaviour.
The Debt Respite Regulations – What does this mean for landlords & tenants?
Individual debtors (this includes tenants in rent arrears) have been granted a number of protections under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations (2020/1311) (Debt Respite Regulations). Where an individual debtor has obtained a moratorium, these regulations restrict a creditor’s ability (this includes landlords who are owed rent arrears) to take enforcement action in relation to a moratorium debt during the moratorium.
The following are just some examples of what a landlord will be prevented from doing for the duration of the moratorium:
- Serving a section 8 notice under the HA 1988 on grounds that relate to arrears of rent if the grounds specified in the landlord’s notice relate to a moratorium debt.
- Commencing possession proceedings based on such a section 8 notice in circumstances where the landlord served the section 8 notice before the tenant’s moratorium started.
- Enforcing an order for possession based on such a section 8 notice.
Additionally, the regulations have an impact on existing possession proceedings commenced by a landlord based on a section 8 before the moratorium started.
A moratorium does not stop a landlord serving a notice on the tenant under section 21 of the HA 1988, however, they may be prevented from starting possession proceedings under the Debt Respite Regulations if they also include a claim for rent arrears in respect of a moratorium debt.
For further guidance on the issues a landlord will need to consider if its tenant has obtained a moratorium, including in relation to commencing and continuing possession proceedings, please contact the Hillary Cooper Law team who are thought leaders and expert advisors on all things landlord and tenant. Call us today on 0203 627 9727 or drop us an email at info@hillarycooperlaw.co.uk.
Where to now?…
For now, PD 55C – which deals with the court processes and timelines for evictions and repossessions – shall still apply until 30th November 2021.
What this means for landlords (and tenants alike) dealing evictions and repossessions?
Last year in September, the Master of the Rolls issued detailed information concerning the arrangements for the resumption of possession hearings from 21 September 2020, including guidance on Possession Proceedings Listing Priorities in the County Court and Overall Arrangements for Possession Proceedings in England and Wales (“The Overall Arrangements”).
Why are ‘the Guidance’ and ‘The Overall Arrangements’ important?
The Guidance has established that usually the court will not set a date when it issues the claim form.
Furthermore, PD 55C sets out that for all claims, regardless of when they are issued, the standard eight-week period between issue and hearing under CPR 55.5 does not apply.
PD 55C (as amended) came into force on 21 September and will remain in force until 30 November 2021 (subject to any further extension).
Another important consideration is The Overall Arrangements document. This document sets out how the court will use some of the additional information required by PD 55C to prioritise cases. It also establishes a new process for Covid-19 Case Marking if a case is considered to be a direct consequence of the pandemic, and sets out a useful timeline for the steps to be followed in a possession claim.
This timeline now includes a short review appointment on the Review Date before the substantive hearing.
On the Review Date the defendant is permitted to obtain free of charge duty scheme advice. The Review Date also provides another chance for the parties to attempt to reach an agreement. However, if the parties are unable to reach an agreement on the Review Date, the parties to a housing possession case can agree to refer the matter to a new Rental Mediation Service (originally known as the Housing Possession Mediation Pilot Scheme) ,free of charge. This was introduced as a pilot scheme on 1 February 2021, initially for a six-month period only.
For more information on the Housing Possession Mediation Pilot Scheme, please see the MHCLG Guidance Note on Rental Mediation Services.
For more information on how PD 55C affects your evictions and possession proceedings; and The Overall Arrangements, please contact the Hillary Cooper Law Landlord & Tenant team who are thought leaders and expert advisors on all things landlord and tenant. Call us today on 0203 627 9727 or drop us an email at info@hillarycooperlaw.co.uk.
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