In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020. What the Rules do is amend the Civil Procedure...
Evidencing a joint tenancy
Vale of Aylesbury Housing Trust Limited v Richens (2020) EWHC 685 (Ch) An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at...
Here comes the new stay, same as the old stay
There is more detail on the stay of possession proceedings that will replace Practice Direction 51Z on 25 June 2020. But first there is an amendment to PD 51Z. The amendment came out today, 11 June 2020 and is effective immediately. Here is the...
Hypothetical children and bedrooms
SSWP V WT and Redcar and Cleveland BC (HB) (2019) UKUT 372 (AAC) Very late to this one (I missed it) but a brief note on a doomed attempt in the Upper Tribunal to challenge The Secretary of State for Work and Pensions v Hockley & Anor (2019)...
PD 51Z stay on possession claims to be extended – newsflash
Late on Friday afternoon, Robert Jenrick, Secretary of State for Housing, tweeted https://twitter.com/robertjenrick/status/1268937937300922368?s=21 (Update - more on the announcement here) I understand the details are as follows. PD 51Z will be...
When 52 is also 51 because 55.
London Borough of Hackney v Okoro (2020) EWCA Civ 681 An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z...
What to do, what to do, what to do?
The Housing, Communities and Local Government Commons Select Committee has published an interim report on protecting rough sleepers and renters through the Coronavirus pandemic. The key recommendations are: i) on rough sleeping and homelessness,...
Not Arkin any more
Arkin v Marshall (2020) EWCA Civ 620 This is the Court of Appeal judgment in the appellant's challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z. The short...
Optimism of the will, pessimism of the intellect
According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the...
Assortment – Priorities, and FAQS
Priorities In case you hadn't seen it already, HMCTS are publishing a daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak. This includes civil (County) court listing priorities. As of 15 April 2020, "Priority 1...
What a difference a PSED makes…
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 - that the landlord was induced to grant the tenancy by a false statement made...
Practice Direction 51Z – to Stay Possession Proceedings
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have...