Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers

‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’

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St Ives Chambers, 21st August 2020

Source: www.stiveschambers.co.uk

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) – Tanfield Chambers

Posted August 27th, 2020 in forfeiture, housing, landlord & tenant, leases, news, repossession by sally

‘The “flexible tenancy” was the latest, and mercifully the last, in a long line of new “tenancies” created by Parliament to address perceived deficiencies within social housing. The flexible tenancy is a fixed term secure tenancy that is capable of determination at the end of its term by not becoming a secure periodic tenancy. Its purpose was to enable a greater churn of social housing and to ensure that such housing went to those tenants in greatest housing need. The flexible tenancy did not prove popular—there are said to be only 30,000 flexible tenancies in existence—and Parliament’s proposal to make such tenancies mandatory (under the Housing and Planning Act 2016) has never been brought into force.’

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Tanfield Chambers, 11th August 2020

Source: www.tanfieldchambers.co.uk

Eviction ban extended by four weeks – Local Government Lawyer

‘The ban on tenant evictions, which was set to expire on Monday 23rd August, has been extended for a further four weeks until 20th September.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer

Posted August 21st, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, rent, repossession by sally

‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

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