Possession Orders, Appeals And Stays Of Execution

Claims for possession are often long drawn-out affairs. Although invariably listed (relatively) promptly for an initial hearing, under CPR 55.8(2), where a claim is genuinely disputed on grounds which appear to be substantial, the court will usually give case management directions for a final determination at a trial, likely to be many months away.

Inherent in many of these claims lies a tension between the parties, often more pronounced than in other litigation: A tenant may lose its rights of occupation; a landlord will often be in a position where rent is not being paid, and there will be minimal prospects of recovery even if the claim succeeds. These tensions were heightened during the Covid-19 pandemic and the (statutorily-imposed) stays on claims for possession.