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03/08/2021

Misc – notice periods, evictions and an ASBi for illegal eviction

A few notes…

As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice period remains 4 weeks. (All as originally noted here)

As of 7 August 2021 the parts of the Civil Procedure (Amendment No. 4) Rules 2021 that change CPR 83.8A(2) come into force. The effect of the change is to provide to the occupiers a further minimum 7 days’ notice of eviction, if the first eviction does not take place as intended. So that is two weeks notice of date of eviction, then if that does not take place for some reason, a further one week’s notice of the subsequent eviction date.

Camden Council has secured an Anti Social Behaviour Injunction against Mohammed Ali Abbas Rasool, a landlord of properties in Camden and other boroughs, following Mr Rasool’s repeated attempts to illegally evict and harass tenants at a property he owns in Kilburn. There were similar reports by tenants of his properties in other boroughs. Remarkably:

The injunction includes an exclusion zone around the property, which will remain in force until May 14, 2022, and Mr Rasool can be arrested if he enters the exclusion zone.

This is a novel and rather clever approach to dealing with those landlords who persistently harass and attempt to illegally drive out their tenants.

 

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.

1 Comment

  1. Ben Reeve-Lewis

    Safer Renting have dealt with Mr Rasool in other boroughs. Lets hope we can persuade our local authority partners to follow Camden’s excellent lead. With a bit of luck ASBIs will become the norm. Certainly a better result than a limp PFEA prosecution

    Reply

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