Here come the new rules, (not quite) the same as the old rules – Notice periods
In that delightfully wilful way that we housing lawyers have come to know and love*, the Govt chose Friday afternoon 28 August to drop The Coronavirus Act 2020 (Residential Tenancies: Protection from...
View ArticleBeth sy’n digwydd yng Nghymru?
We are very grateful to Mike Norman of Bristol Law Centre for the following guest post on the current position on possession claims and notice periods in Wales. Keeping up with England has been more...
View ArticleNew regulations on the wrong day – Form 6A
We have got used to new regulations being laid late on a Friday afternoon, which might explain why I’d missed these, as they were cunningly sneaked out on a Tuesday. The Assured Tenancies and...
View ArticleForthcoming…‘No DSS’ judgment and no evictions over christmas
A couple of bits to be filled out later on. Item 1. Shelter and Tessa Buchanan of Garden Court acted for a disabled applicant tenant, Stephen Tyler, in a ‘No DSS’ discrimination claim against letting...
View ArticleUpdated Section 21 Validity flowchart
As we appear to have gone at least a week with no new law emerging that affects section 21, I have taken the risk of updating the s.21 validity flowchart. It now includes: All the various valid notice...
View ArticleMore new things! N5B and N11B.
There was some Friday afternoon goings on on possession claims after all. There are new accelerated possession claim forms on Gov.uk, added on 11 September 2020. New claim form N5B (for England) New...
View ArticlePossession claims – More new things and yet more to come.
Some things that emerged today, ahead of the resumption of possession claims on Monday 21 September. Gov.uk now has a “Reactivation Notice” form (one for claimants, one for defendants). Note this is...
View ArticleYet more on possession claims
There is now a deluge of new materials ahead of Monday 21 September restarting of possession proceedings. All out today are: The Master of the Rolls published version of the ‘Overall Arrangements for...
View ArticleSection 21 notices and notice periods – NL does video
In a moment of madness, I decided to try doing videos on individual problems in housing law. For the first, and quite possibly last, this is my view on a concern that appears to be doing the rounds...
View ArticleUpdates on possession notice requirements in Wales
We are once again very grateful to Mike Norman (now of Harrow Law Centre) for the following guest post updating the position on possession claims and notice periods in Wales. Keeping up with England...
View ArticleWhich Tier are you in, or out?
Via the High Court Enforcement Officers Association, comes sight of a letter from the Lord Chancellor to the HCEOA requesting that no evictions are carried out: a) where Tier 2 or Tier 3 restrictions...
View ArticleRent Repayment Orders – the Upper Tribunal is firm
Chan v Bilkhu & Anor (HOUSING – RENT REPAYMENT ORDER – amount awarded) (2020) UKUT 289 (LC) This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper...
View ArticleLockdown 2 evictions
Look, I have to be honest, this is getting silly now. On evictions during the now commenced lockdown, the Lord Chancellor, Robert Buckland QC, has once again written a letter to the High Court...
View ArticleDeath and Notices.
Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339 In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public...
View ArticleI’m not demanding, I’m telling you – section 8 notices
Prempeh v Lakhany (2020) EWCA Civ 1422 We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11,...
View ArticleFinally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also...
View ArticleRepayment by superior landlord
Rakusen v Jepsen (HOUSING – RENT PAYMENT – whether a rent repayment order may be made against a superior landlord) (2020) UKUT 298 (LC) In Goldsbrough & Anor v CA Property Management Ltd & Ors...
View ArticlePrescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic...
View ArticleEviction Stay Redux
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England)...
View ArticleNew last minute rule changes! (Well, directions)
It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was...
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