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The Government has just announced emergency legislation to do the following: Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least). Introduce a new pre-action protocol for possession claims,...
Ahead of the government introducing the bill for emergency Coronavirus related measures later this week, Labour have published a draft bit of legislation which addresses the position of (most) renters where they fail to pay rent due to effects of the...
I kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the...
Following on from yesterday's post by J on the CMA report (with its approach to the 'AST Trap') and from someone helpfully pointing out something that should have been completely obvious to me in the first place, I've re-written my old post on the leasehold...
Pease v Carter & Anor (2020) EWCA Civ 175 Does an error in a section 8 notice - in this case specifically as to the earliest date on which possession proceedings can begin - invalidate the notice? At first instance in this case, the landlord had served a...
A statutory instrument - The Civil Procedure (Amendment) Rules 2020 - has been laid, and it includes, amongst other things, amendments to CPR Part 55 on possession claims. These will be in force from 6 April 2020. The explanatory memorandum says: Housing...
Bromley LBC v Persons Unknown (Liberty, London Gypsies and Travellers, and numerous local authorities, intervening) (2020) EWCA Civ 12 Over the last few years, there has been a real growth in "all borough" injunctions against anticipated trespass by gypsies...
[Update 13 Jan. The new protocols are out and in force today - Housing Disrepair (England), and Social Landlord Possession Claims ] Be still my beating heart, there will be two new/revised pre-action protocols on 13 January 2020. There will be a revised...
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant's mother and step...
A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that...
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy,...
This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court decision on...