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 lot of...
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 121st...
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 extended in...
Shine on you crazy Dymond*
Croydon London Borough Council v Kalonga (2020) EWHC 1353 (QB) Flexible tenancies. We always said they were a bad idea. This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This...
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 stay of...
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, a serious...
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 version is...
Notes for noting
Several quick things. The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be lifted,...
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 expiry of the...
Notes from the sofa
I'm slightly late to noting this (in my defence, there have been other things going on), but there is a new Claim form N5B for accelerated possession proceedings, which was released on 6 April 2020. It contains substantial revisions to the questions to be...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court judgment on a...
A challenge to PD 51Z
It appears that the Court of Appeal is to hear a challenge to Practice Direction 51Z on 30 April 2020. The case is called Arkin v Marshall. a) this involves two claims for possession on residential mortgages, apparently by a receiver b) the challenge is to:...