The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

230,000 could lose homes as eviction ban ends in England and Wales – The Guardian

Posted August 19th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘A man whose partner died of coronavirus after they moved into their dream flat is among 230,000 people who face having to leave their homes when the government lifts its ban on evictions in England and Wales this weekend.’

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The Guardian, 19th August 2020

Source: www.theguardian.com

Rent arrears and RROs – Nearly Legal

Posted August 18th, 2020 in landlord & tenant, news, rent, repayment, repossession by sally

‘This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant’s rent arrears.’

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Nearly Legal, 16th August 2020

Source: nearlylegal.co.uk

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Towards a New Normal? Possession Claims in the Brave New World – St Ives Chambers

Posted July 30th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The government has confirmed that the stay that has been in place on virtually all possession claims will not be the subject to a further extension.’

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St Ives Chambers, 20th July 2020

Source: www.stiveschambers.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Reactivation! – Nearly Legal

‘After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings.’

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Nearly Legal, 21st July 2020

Source: nearlylegal.co.uk

Could This Emergency Law Prevent Thousands Becoming Homeless? – Each Other

Posted July 21st, 2020 in bills, coronavirus, housing, news, repossession by sally

‘Housing campaigners are urging the government to introduce emergency legislation to protect tens of thousands of private renters at risk of being made homeless.’

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Each Other, 20th July 2020

Source: eachother.org.uk

Mystery directions – Nearly Legal

‘In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020.’

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Nearly Legal, 18th July 2020

Source: nearlylegal.co.uk

Getting late legal advice not a ground for set aside of possession order – Nearly Legal

Posted July 13th, 2020 in appeals, housing, landlord & tenant, legal representation, news, repossession by sally

‘This was Mr Sangha’s appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The back story is somewhat complicated, involving commercial properties, loans and leases, but not relevant to the grounds of the decision, so anyone interested can read the judgment.’

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Nearly Legal, 12th July 2020

Source: nearlylegal.co.uk

Croydon London Borough Council v Kalonga (2020) EWHC 1353 (QB) – Tanfield Chambers

‘A landlord under a fixed-term flexible tenancy did not have any right to determine the tenancy prior to the expiry of the fixed term because the tenancy agreement did not contain a forfeiture clause. The tenancy did not fall within the ambit of s82(1)(b) Housing Act 1985 and the landlord could only seek possession under s107D at the end of the fixed term.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

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Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 – Tanfield Chambers

‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’

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Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

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Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Charity appeals for urgent change in law to prevent mass evictions – Local Government Lawyer

Posted July 8th, 2020 in charities, coronavirus, housing, landlord & tenant, news, rent, repossession by sally

‘Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.’

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Local Government Lawyer, 7th July 2020

Source: www.localgovernmentlawyer.co.uk

We don’t do that in Wales – Nearly Legal

Posted July 8th, 2020 in housing, landlord & tenant, news, notification, repossession, Wales by sally

‘The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice?’

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Nearly Legal, 7th July 2020

Source: nearlylegal.co.uk

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

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Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk