‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’
The Guardian, 6th June 2020
Source: www.theguardian.com
A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’
The Guardian, 4th June 2020
Source: www.theguardian.com
‘With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world.’
Pump Court Chambers, 26th May 2020
Source: www.pumpcourtchambers.com
‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’
The 36 Group, 27th April 2020
Source: 36group.co.uk
‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’
Nearly Legal, 26th April 2020
Source: nearlylegal.co.uk
‘Gary Cowen QC considers a recent decision of the First Tier Tribunal (Land Registration) on adverse possession claims to unregistered land based on the collection of rent for a period of twelve years.’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘Commercial property landlords in the UK have been temporarily banned from taking legal action against tenants who have not paid their rent, to protect retailers and other businesses from “aggressive rent collection” during the coronavirus crisis.’
The Guardian, 23rd April 2020
Source: www.theguardian.com
‘A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that led to eviction need to be considered on review.’
Nearly Legal, 19th April 2020
Source: nearlylegal.co.uk
‘The procedure by which a landlord may recover arrears of rent in relation to commercial premises was fundamentally changed several years ago. Chapter 2 of the Tribunals, Courts and Enforcement Act 2007 abolished the common law right to distrain for arrears of rent, replacing it with the commercial rent arrears recovery procedure (‘CRAR’). But what has been the impact of this change on whether a landlord taking enforcement action to recover arrears waived his right to forfeiture of a lease?’
Tanfield Chambers, 9th April 2020
Source: www.tanfieldchambers.co.uk
‘If tenants are precluded by law from making use of the premises demised them, do they still have to go on paying their rent in full?’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
‘The Coronavirus Act 2020 has put a hold on any existing residential possession proceedings for a period of 90 days and extended the notice period required as a precursor for any new residential possession to three months (section 81 of the Act and Practice Direction 51Z) and removed the right of re-entry or forfeiture for business tenancies for non-payment of rent until (at present) the 30th June 2020 (section 82).’
Becket Chambers, 3rd April 2020
Source: becket-chambers.co.uk
‘Since the outbreak of the coronavirus pandemic and the coming into force of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (the Regulations) much ink has been spilled about the frustration of leases. While the rapidly expanding body of literature makes interesting reading, it is largely irrelevant for real-world landlords and tenants. No one really wants to argue frustration. Tenants may not want to pay rent, but (unless quitting their business altogether, in which case they may not be overly concerned about past rent) they certainly don’t want to be out on their ear: a necessary corollary of a successful frustration plea.’
Falcon Chambers, 15th April 2020
Source: www.falcon-chambers.com
‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’
33 Bedford Row, 9th April 2020
Source: www.33bedfordrow.co.uk
‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’
Local Government Lawyer, 24th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Housing associations are under pressure to offer rent holidays after only one pledged not to evict any tenant in arrears due to self-isolating because of the coronavirus.’
The Guardian, 17th March 2020
Source: www.theguardian.com
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’
Nearly Legal, 8th March 2020
Source: nearlylegal.co.uk
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
‘Does an error in a section 8 notice – in this case specifically as to the earliest date on which possession proceedings can begin – invalidate the notice?’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
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