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Channel: Assured Shorthold tenancy Archives - Nearly Legal: Housing Law News and Comment
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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...

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Beth 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...

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New 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...

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Forthcoming…‘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...

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Updated 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...

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More 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...

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Possession 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...

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Yet 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...

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Section 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...

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Updates 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...

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Which 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...

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Rent 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...

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Lockdown 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...

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Death 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...

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I’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,...

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Finally, 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...

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Repayment 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...

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Prescribed 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...

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Eviction 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)...

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New 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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