repossession – Page 7 – Current Awareness

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

Posted July 10th, 2020 in chambers articles, forfeiture, landlord & tenant, local government, news, repossession by sally

‘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.’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

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

Posted July 10th, 2020 in appeals, chambers articles, civil procedure rules, landlord & tenant, news, practice directions, repossession by sally

‘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.’

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.’

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

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

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

‘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.’

Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

Posted July 8th, 2020 in bills, chambers articles, coronavirus, forfeiture, insolvency, landlord & tenant, local government, news, planning, rent, repossession by sally

‘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.’

Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

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

Posted July 8th, 2020 in appeals, chambers articles, civil procedure rules, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘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.’

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.’

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?’

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.’

Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

“Devious” litigant tried to mislead court over previous ruling – Litigation Futures

Posted June 29th, 2020 in deceit, documents, forgery, judgments, news, repossession by sally

‘A “devious” litigant produced an inaccurate transcript of an earlier judgment in the latest of a series of “forgeries” of court documents, a High Court judge has found.’

Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

Posted June 26th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

Posted June 16th, 2020 in appeals, civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) Tipples J – Landmark Chambers

Posted June 12th, 2020 in chambers articles, forfeiture, housing, landlord & tenant, local government, news, repossession by sally

‘A flexible tenancy is a species of secure tenancy which is granted for a fixed term of at least two years (s.107A-D, Housing Act 1985). At the end of the fixed term, the landlord has a mandatory ground for possession (s.107D). During the fixed term, commentators have differed on how the landlord can terminate the tenancy. In Flexible Tenancies and Forfeiture, [2014] Journal of Housing Law 17 (Andrew Dymond), it was suggested that the tenancy needed to include a forfeiture clause and the fixed term needed to be terminated by way of forfeiture (see s.82(3), 1985 Act). By contrast, in In a Fix New Law Journal, 29 June 2012 (Jon Holbrook), it was suggested that a flexible tenancy could be determined in the same manner as a periodic secure tenancy, i.e. by the landlord obtaining and executing an order for possession.’

Landmark Chambers, 2nd June 2020

Source: www.landmarkchambers.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

Posted June 10th, 2020 in chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession, time limits by sally

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

Posted June 8th, 2020 in civil justice, consultations, coronavirus, debts, housing, judges, landlord & tenant, local government, news, remote hearings, rent, repossession, statistics, time limits by sally

‘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

Tenant eviction ban in England and Wales extended by two months – The Guardian

Posted June 8th, 2020 in coronavirus, debts, government departments, housing, landlord & tenant, news, rent, repossession, time limits by sally

‘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

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

Posted June 5th, 2020 in appeals, case management, chambers articles, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

Posted June 5th, 2020 in debts, fixed-term contracts, forfeiture, housing, landlord & tenant, local government, news, rent, repossession by sally

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 UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession by sally

‘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

Shine on you crazy Dymond* – Nearly Legal

Posted June 3rd, 2020 in fixed-term contracts, housing, landlord & tenant, news, repossession by sally

‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’

Nearly Legal, 2nd June 2020

Source: nearlylegal.co.uk

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