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:...
Update to Practice Direction 51Z
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...
Notice of applying for permission for a writ
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...
Assortment – Priorities, and FAQS
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...
What a difference a PSED makes…
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 - that the landlord was induced to grant the tenancy by a false statement made knowingly or...
Practice Direction 51Z – to Stay Possession Proceedings
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have signed Practice...
All housing possession claims suspended from 27 March – Coronavirus update.
(Update 27 March. For the details of the stay, see here on the new Practice Direction 51Z ) Well now, this is big (and also finally, it would seem, some clarity). According to this MHCLG press release from this evening: From tomorrow (27 March 2020)...
Coronavirus – new forms 3 and 6A for s8 and s21
Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc). And there is: i) a new Form 6A - the form for Section 21...
Emergency legislation on possession claims
I've seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not...
Law in the time of Covid – Court duty work
What follows is the text of a twitter thread by Simon Mullings (@spikemullings), a housing lawyer and duty scheme advisor, arising from events on a duty session for a possession list last Friday 20 March. Reposted with permission. Following on from our...