Review Hearings in Possession Claims

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29 July, 2021

What is a Review Hearing?

The review hearing is a new stage in the eviction process. After proceedings have been issued, the Court will schedule a review hearing. The purpose of this is to give the Court the opportunity to make sure the paperwork is in order and to offer the tenant an opportunity to obtain legal advice from the duty solicitor.

What is the purpose of the Review Hearing?

The pandemic leads to possession claims being stayed for the majority of 2020 and this caused a backlog of cases to be heard. To assist the Court in identifying the cases which are ready to be heard and the cases where further steps are required, the review hearing was introduced. This also allows the Court to Covid Mark cases where the pandemic has had a significant impact on the parties.

What happens at a Review Hearing?

The Claimant will be required to submit a bundle of documents to the Court for review and must ensure that a copy is sent to the tenant. This bundle must include all documents that the Judge will need to see in order to review the cases, such as the tenancy agreement, the notice served, and an up to date rent account. The Judge will consider these papers in a scheduled block at the end of their sitting day and decide whether or not the case should be listed for a final possession hearing or will issue an Order with further directions for the parties to comply with.

There is no Court attendance required at this hearing for the landlord, but you must be available by telephone to speak with the Court or the tenant and/or their representative

If there are no problems with the documents a possession hearing will be listed at least 4 weeks after the review hearing date.

Forbes Comment

It is unlikely that the Landlord will hear from the Court, but it is vital that they are prepared to speak with the Court and the Tenant if necessary. We have had great success at passing the Review Hearing and obtaining a final possession date.

For more information contact Samantha Abdoollah in our Dispute Resolution department via email or phone on 01254222456. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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