I previously provided an update (2 April 2020) that the new Practice Direction 51Z had the effect of staying all possession proceedings until at least 25 June 2020. That Practice Direction had the unintended consequence of preventing a landlord taking action against trespassers on its land.
The Judiciary has now moved to amend the Practice Direction, so that it does not apply to possession claims against trespassers against persons unknown, such as squatters.
Landlords can now be confident that should the intervention of the court be required to re-take possession from trespassers who are persons unknown, they are able to use the appropriate route of a Part 55 claim.
The update also clarified that the Practice Direction does not preclude the issuing of claims for possession generally, only that the claims shall be stayed.
the stay which PD 51Z imposes on possession proceedings does not apply to a claim against trespassers to which rule 55.6 applies