Category: repossession

Coronavirus: residential possessions and lease forfeiture proceedings – Becket Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, forfeiture, landlord & tenant, news, rent, repossession by sally

‘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).’

Full Story

Becket Chambers, 3rd April 2020

Source: becket-chambers.co.uk

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

Posted April 9th, 2020 in appeals, asylum, homelessness, housing, human rights, immigration, landlord & tenant, news, repossession, Supreme Court by sally

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

Full Story

UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

Possession proceedings and COVID-19 – Henderson Chambers

Posted April 3rd, 2020 in chambers articles, coronavirus, housing, landlord & tenant, news, repossession by sally

‘With the government ordering people to stay at home during the COVID-19 global pandemic, questions necessarily arise for those whose “home” is a rented property. What does this mean for landlords and tenants alike? Broadly, whilst the Government made loud promises about banning evictions, the Coronavirus Act 2020 makes more ‘watered down’ provision, giving greater comfort to landlords but potentially leaving tenants mired in uncertainty.’

Full Story

Henderson Chambers, 27th March 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Court of Appeal rules for council in case on eviction for rent arrears against backdrop of domestic violence – Local Government Lawyer

Posted March 30th, 2020 in appeals, domestic violence, homelessness, housing, landlord & tenant, local government, news, repossession, victims by sally

‘The Court of Appeal has dismissed an appeal over whether it was not reasonable for the appellant to stay in a property from which she was evicted for rent arrears given that there was evidence she had been subjected to domestic violence.’

Full Story

Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus – new forms 3 and 6A for s8 and s21 – Nearly Legal

Posted March 30th, 2020 in coronavirus, drafting, housing, landlord & tenant, news, notification, repossession, time limits by sally

‘Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc).’

Full Story

Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

Government to protect commercial tenants from eviction if they miss rent payments over coronavirus outbreak –

Posted March 26th, 2020 in bills, coronavirus, emergency powers, government departments, landlord & tenant, news, rent, repossession by sally

‘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.’

Full Story

Local Government Lawyer, 24th March 2020

Source: www.localgovernmentlawyer.co.uk

UK eviction ban promise broken, say critics – The Guardian

Posted March 25th, 2020 in bills, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘The “complete ban” on evictions promised by the government has been widely criticised after it emerged that the coronavirus bill merely extends the notice required for possession, from two months to three.’

Full Story

The Guardian, 24th March 2020

Source: www.theguardian.com

Emergency legislation on possession claims – Nearly Legal

Posted March 24th, 2020 in bills, coronavirus, emergency powers, government departments, housing, landlord & tenant, news, parliament, repossession by sally

‘I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not happened as of 6 pm. There may have been some changes, but my understanding is it was going ahead as per the draft.’

Full Story

Nearly Legal, 23rd March 2020

Source: nearlylegal.co.uk

Housing associations body says no one should be evicted because of coronavirus – Local Government Lawyer

Posted March 19th, 2020 in coronavirus, housing, news, repossession by sally

‘No one should lose their home because of coronavirus, the National Housing Federation has said.’

Full Story

Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

Amendments to CPR Part 55: what you need to know – Tanfield Chambers

Posted March 19th, 2020 in civil procedure rules, landlord & tenant, news, repossession by sally

‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’

Full Story

Tanfield Chambers, 25th March 2020

Source: www.tanfieldchambers.co.uk

No new possession claims (for at least 3 months) – Nearly Legal

Posted March 19th, 2020 in emergency powers, mortgages, news, repossession by sally

‘The Government has just announced emergency legislation to do the following:

– Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least).
– Introduce a new pre-action protocol for possession claims, to apply after the three months (or whenever) which will apply to private as well as social tenancies to strengthen its remit and to “support the necessary engagement between landlords and tenants to resolve disputes and landlords will have to reach out to tenants to understand the financial position they are in.”’

Full Story

Nearly Legal, 18th March 2020

Source: nearlylegal.co.uk

Housing associations under pressure to offer Covid-19 rent holidays – The Guardian

Posted March 18th, 2020 in coronavirus, health, housing, landlord & tenant, news, rent, repossession by sally

‘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.’

Full Story

The Guardian, 17th March 2020

Source: www.theguardian.com

Martha Timbo v The Mayor and Burgess of the London Borough of Lambeth [2019] EWHC 1396 (Ch) – Tanfield Chambers

Posted March 18th, 2020 in chambers articles, delay, forfeiture, landlord & tenant, leases, local government, news, repossession, service charges, time limits by sally

‘In a claim for relief from forfeiture the High Court refused to order relief where there was no good reason for delay beyond 6 months from re-entry, whether this resulted in a windfall for the landlord was irrelevant to the question of promptness.’

Full Story

Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Valid or not valid? – Local Government Lawyer

Posted March 13th, 2020 in appeals, housing, landlord & tenant, local government, news, notification, repossession by tracey

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Curing defects in section 8 notices seeking possession – what is the test? – St Ives Chambers

Posted February 26th, 2020 in chambers articles, housing, landlord & tenant, news, rent, repossession by sally

‘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.’

Full Story

St Ives Chambers, 20th February 2020

Source: www.stiveschambers.co.uk

Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, damages, harassment, housing, landlord & tenant, news, repossession by sally

‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’

Full Story

Garden Court Chambers, 25th February 2020

Source: www.gardencourtchambers.co.uk

You know what I mean – Errors in section 8 notices – Nearly Legal

Posted February 24th, 2020 in appeals, housing, landlord & tenant, news, notification, rent, repossession by sally

‘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?’

Full Story

Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

No-fault evictions: ‘Our lives are falling apart’ – BBC News

Posted February 20th, 2020 in housing, landlord & tenant, news, notification, repossession by sally

‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’

Full Story

BBC News, 20th February 2020

Source: www.bbc.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

Full Story

KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

Full Story

Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk