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The Govt has today (10 March 2021) announced that the ban on bailiff evictions and the requirement for 6 months notice on Notices Seeking Possession (and Rent Act NTQs) will both be extend to 31 May 2021. Both were due to expire on 31 March 2021. We will...
Croydon London Borough Council v Kalonga (2021) EWCA Civ 77 This is the Court of Appeal judgment of Croydon's appeal from the High Court decision that we noted here. The issue was what was required for determination of a flexible tenancy during the fixed...
A short note on an Upper Tribunal appeal that may have broader consequences. Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd & Anor (2020) UKUT 358 (LC) This was an appeal on whether the leaseholders of two block were entitled to acquire...
A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance. Ficcara & Ors v James (2021) UKUT 0038 (LC) The applicant tenants had sought rent repayment orders for a) failure to licence, b) harassment under Protection...
Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters. Aviva Investors Ground Rent GP LTd & Anor v Williams & Ors (2021) EWCA Civ 27 Lease wording on apportionment of service charges to the effect that "your share of...
As noted in the previous post, the Govt has announced that the ban on evictions in England will be extended to the end of March 2021. It was due to end on 22 February. The regulations putting this into effect have not been made public yet. We will have to...
The HMCTS mediation pilot on possession claims started on 1 February 2021, with the idea that it will ease the backlog of possession claims in the county courts by allowing resolution of landlord and tenant disputes outside of the full possession process....
It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was updated this afternoon, 29 January 2021, on what was to...
Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC) A county court case of duelling injunction applications concerning Ms Merritt's (re)occupation of what had been temporary accommodation arranged by Thurrock and managed by Midos Managment Co Ltd...
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the...
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court had held...