Some things that emerged today, ahead of the resumption of possession claims on Monday 21 September. Gov.uk now has a "Reactivation Notice" form (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no...
All the blog posts, most recent first
More new things! N5B and N11B.
There was some Friday afternoon goings on on possession claims after all. There are new accelerated possession claim forms on Gov.uk, added on 11 September 2020. New claim form N5B (for England) New defence form N11B (for England) The N5B has been...
Updated Section 21 Validity flowchart
As we appear to have gone at least a week with no new law emerging that affects section 21, I have taken the risk of updating the s.21 validity flowchart. It now includes: All the various valid notice periods. Tenant Fees Act effects after 1 June...
Forthcoming… ‘No DSS’ judgment and no evictions over christmas
A couple of bits to be filled out later on. Item 1. Shelter and Tessa Buchanan of Garden Court acted for a disabled applicant tenant, Stephen Tyler, in a 'No DSS' discrimination claim against letting agents Paul Carr. The claim went to full trial...
New regulations on the wrong day – Form 6A
We have got used to new regulations being laid late on a Friday afternoon, which might explain why I'd missed these, as they were cunningly sneaked out on a Tuesday. The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment)...
The Parable of the Property Developer
Ruby Triangle Properties Ltd v Jesus Sanctuary Ministries Ltd (2020) EWHC 2247 (Ch) An unlawful eviction case, but not a residential one. A note because it is an interesting case of a badly behaved property developers, a church an a question over...
Beth sy’n digwydd yng Nghymru?
We are very grateful to Mike Norman of Bristol Law Centre for the following guest post on the current position on possession claims and notice periods in Wales. Keeping up with England has been more than enough for me, so this is extremely welcome....
Here come the new rules, (not quite) the same as the old rules – Notice periods
In that delightfully wilful way that we housing lawyers have come to know and love*, the Govt chose Friday afternoon 28 August to drop The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations...
Possession claims, present and predicted.
A round up of where we are on possession claims, notices, etc. and then what we will need to know for the future. This post is, of course, a hostage to fortune. The present moment stuff is right, but if the Govt goes the high risk route of...
Suitability, affordability and benefit claims
Tiemo, R (on the application of) v Lambeth London Borough Council (2020) EWHC 1193 (Admin) A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act...
From March to September – possession stay extended.
The stay on possession claims imposed by CPR 55.29 was due to end on Sunday 23 August. In an extraordinary, after the last minute, step, on 20 August 2020 the Lord Chancellor directed the Master of the Rolls and the Civil Procedure Rules Committee...
N5B or not N5B. That is the question.
I have no idea what is going on here, but the accelerated possession proceedings claim form - form N5B - has vanished from the gov.uk website and has been missing since at least 17 August 2020 - at least for England, the one for Wales is still...