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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...
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...
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...
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...
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,...
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...
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...
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...
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:...
Practice Direction 51Z - the stay of all Part 55 possession proceedings and enforcement - has been amended with effect from 20 April 2020. A new 2A now excludes certain kinds of matters from the automatic stay for 90 days from 26 March 2020: (a) a...
Hertfordshire County Council v Davies (2020) EWHC 838 (QB) An application on the issue of notice under CPR 83.13(8) on permission to issue a High Court writ. Mr Davies was a school caretaker. He and his family lived in a bungalow which was tied to his...
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 – work...