Hussain v Vaswami & Ors (2020) EWCA Civ 1216 (not on Bailii yet. Judgment on Lawtel). This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts...
There is now a deluge of new materials ahead of Monday 21 September restarting of possession proceedings. All out today are: The Master of the Rolls published version of the 'Overall Arrangements for possession proceedings in England and Wales',...
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...
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...
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...
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...
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)...
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....
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...
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...
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...
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...