Regulations and damn regulations.

Two quite different sets of secondary legislation.

First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms are in the schedules.  Section 6(2) is terms for a periodic tenancy. Section 8, of course, is notice seeking possession on Schedule 2 Housing Act 1988 grounds, and section 13(2) is the notice for proposing a new rent.

These notices are obligatory, so a failure to comply with the precise required notice format could be significant.

Second: Following on from the quashing as unlawful of the MoJ regulations on legal aid for judicial review on Monday 23 March, today – Thursday 26 March and the last day of the present parliament – the Government, (Grayling and MoJ) laid new regulations, to come into force tomorrow, 27 March. The regulations are here. At a first read through, they have exactly the same effect as the previous ones – no legal aid payments for judicial review claims that do not get (or reach) permission, save that sections 2(c), (d) and (e) are designed to address the grounds on which the High Court found the previous regulations unlawful (and just, barely, those reasons).

I will restrain my language and simply call this a shoddy, cynical, petulant act, and as such entirely fitting as the last action of the present Lord Chancellor in this Parliament.

 

 

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, Possession and tagged , , , , , .

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