COVID-19 – trespasser possession and injunction proceedings – Application of the new Civil Procedure Rule Practice Direction 51Z – St Ives Chambers

‘The back drop to this case is that the new Practice Direction CPR 51Z effectively stays possession proceedings and enforcement issued pursuant to CPR 55 for 90 days from March 2020.’

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St Ives Chambers, 16th April 2020

Source: www.stiveschambers.co.uk

Stay at Home – Housing Law in the Coronavirus Pandemic – Pump Court Chambers

‘In a time when we are all being urged to stay in our homes it seems appropriate to consider the recent changes to Housing Law in light of the Coronavirus pandemic. This article will consider the Coronavirus Act 2020, Practice Direction 51Z and the Guidance document issued by the Ministry of Housing, Communities and Local Government (‘Guidance’).’

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Pump Court Chambers, 7th April 2020

Source: www.pumpcourtchambers.com

University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB): the unintended consequences of the stay of possession claims under Practice Direction 51Z – Falcon Chambers

‘Practice Direction 51Z was hastily brought into force on Friday 27 March 2020, after the Prime Minister’s televised instructions to the nation on the evening of Monday 23 March 2020 that everyone should stay at home in order to beat coronavirus. Practice Direction 51Z imposed a three-month stay on all Part 55 possession proceedings, which ensures that those who were facing the possibility of eviction from their home have some protection during the crisis. However, since the Practice Direction came into force, property practitioners have been grappling with the possibly unintended consequences that come from its very wide scope. This has been brought into sharp focus by the recent case of University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which PD51Z prevented an NHS Trust from obtaining a possession order to facilitate the discharge of a patient from hospital, in circumstances where her bed was needed for critically ill-patients, she was medically fit for discharge, and indeed she would be at less risk of infection from COVID-19 if out of the hospital. As this article explains, the NHS Trust in the UCLH case was able to obtain the relief it needed by the alternative route of an injunction, but the case nevertheless highlights that PD51Z may need to be revisited.’

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Falcon Chambers, 15th April 2020

Source: www.falcon-chambers.com

Coronavirus: residential possessions and lease forfeiture proceedings – Becket Chambers

‘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).’

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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

‘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.’

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UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

Possession proceedings and COVID-19 – Henderson Chambers

‘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.’

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Henderson Chambers, 27th March 2020

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

‘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.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

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

‘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).’

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Nearly Legal, 26th March 2020

Source: nearlylegal.co.uk

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

‘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.’

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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.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Emergency legislation on possession claims – Nearly Legal

‘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.’

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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.’

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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.’

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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.”’

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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.’

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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

‘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.’

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Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Valid or not valid? – Local Government Lawyer

‘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.’

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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.’

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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.’

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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?’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk