Our grateful thanks to Jo Underwood of Shelter for spotting this. The N11B Defence form to a section 21 possession claim via form N5B - both released April 2020 - doesn't add up. Quite literally. Question 2 of the N11B asks Do you agree the date,...
In the excitement last Friday about the Rules laid in Parliament introducing PD 55C, I completely overlooked another set of Rules, also laid last Friday. The Civil Procedure (Amendment No. 3) Rules 2020, in force as of 17 July 2020, makes changes...
After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings. The text can be read here. The key elements...
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...
Sangha v Amicus Finance Plc (2020) EWHC 1074 (Ch) This was Mr Sangha's appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not...
Jarvis v Evans & Anor (2020) EWCA Civ 854 The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a...
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...
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you...
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises...
Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760 It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a...
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...
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...