‘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.’
Nearly Legal, 16th August 2020
Source: nearlylegal.co.uk
‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’
The Guardian, 9th August 2020
Source: www.theguardian.com
‘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.’
Falcon Chambers, 20th July 2020
Source: www.falcon-chambers.com
‘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.’
St Ives Chambers, 20th July 2020
Source: www.stiveschambers.co.uk
‘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.’
St Ives Chambers, 24th July 2020
Source: www.stiveschambers.co.uk
‘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.’
Nearly Legal, 21st July 2020
Source: nearlylegal.co.uk
‘Housing campaigners are urging the government to introduce emergency legislation to protect tens of thousands of private renters at risk of being made homeless.’
Each Other, 20th July 2020
Source: eachother.org.uk
‘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.’
Nearly Legal, 18th July 2020
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 12th July 2020
Source: nearlylegal.co.uk
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
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