Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339 In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal...
Lockdown 2 evictions
Look, I have to be honest, this is getting silly now. On evictions during the now commenced lockdown, the Lord Chancellor, Robert Buckland QC, has once again written a letter to the High Court Enforcement Officers Association (and one has to presume written...
Assortimenti – pre action protocols and stay of eviction hearings
A couple of notes of things of interest and concern. Firstly. The Civil Justice Council is currently conducting a review of the Pre-action protocols. As part of this review we are seeking preliminary views from interested parties on the purpose and operation...
Which Tier are you in, or out?
Via the High Court Enforcement Officers Association, comes sight of a letter from the Lord Chancellor to the HCEOA requesting that no evictions are carried out: a) where Tier 2 or Tier 3 restrictions are in place, and b) during the 11 December 2020 to 11...
Updates on possession notice requirements in Wales
We are once again very grateful to Mike Norman (now of Harrow Law Centre) for the following guest post updating the position on possession claims and notice periods in Wales. Keeping up with England has been more than enough for me... A careful observer...
Section 21 notices and notice periods – NL does video
In a moment of madness, I decided to try doing videos on individual problems in housing law. For the first, and quite possibly last, this is my view on a concern that appears to be doing the rounds that the courts will require 6 months notice on section 21...
For this relief, much thanks
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) An appeal from a Circuit Judge's decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living...
Eviction and contempt.
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 of...
Yet more on possession claims
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', which,...
Possession claims – More new things and yet more to come.
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 set format...
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 missing...
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 2020...