CPR changes from 1 October 2023 and the impact on social housing cases

October brings with it a raft of CPR changes and we are here to help you navigate your way through the new rules and more importantly to highlight the key changes which may affect the Social Housing Sector.

Here a summary of some of the key changes you may need to be aware of:

• There are currently three different ‘tracks’ to which the court will allocate a claim; small, fast and multi-track.

There will be a new intermediate track.

This will be for claims between £25,000 and £100,000. It will be the normal track when a trial will last no longer than 3 days and oral expert evidence will be limited to two experts. Where non-monetary relief is pleaded, the claim will not be allocated to the intermediate track unless the court considers it to be in the interests of justice.

• There will be new rules on Summary Judgements.

The test remains materially the same as the current test, but the rules have now been simplified. New CPR r24.5 helpfully sets out what an application must include. (See Civil Procedure (Amendment No.3) Rules 2023 at Schedule 2.)

• There will be changes to statements of truth for possession claims under Part 55. (See the Civil Procedure (Amendment No 3) Rules 2023 SI No 788)

• Housing money only claims of less than £10,000 are likely to be included in the new mandatory mediation process before the first hearing.

• There will be a system of ‘fixed costs’ for most civil litigation being conducted on the fast track or the new intermediate track.

• As there is now, there will be fixed costs’ recoverable by claimants in certain types of housing possession cases (see the new Civil Procedure Rules 1998 (CPR) rr45.20 and 45.21)

• Overall, though the new fixed cost regime will not apply to Housing Cases which include:

Claims or counterclaims which relates, in whole or in part, to a residential property or dwelling and which, in respect of that property, includes a claim or counterclaim for –

• (a) possession;
• (b) disrepair; or
• (c) unlawful eviction,

save where the claim or counterclaim in respect of the residential property or dwelling arises from a boundary dispute. ( see new CPR r45.1)

If you have any questions about the forthcoming changes, please do not hesitate to contact the Social Housing and Regeneration Team at MSB.

Law is correct as at 20^th September 2023

Whilst every effort has been taken to ensure that the law in this article is correct, it is intended to give a general overview of the law for educational purposes. You are respectfully reminded that it is not intended to be a substitute for specific legal advice and should not be relied upon as legal advice. No liability is accepted for any error or omission contained herein.