Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
They’re making a list, they’re checking it twice*
Sandwell Metropolitan Borough Council are proposing to amend their tenants' secure tenancy agreements. Unfortunately, in their wisdom, they have decided to include a new tenancy condition as follows: "You, people living with you and any visitors to your...
Possession news
A couple of items on possession claims and evictions. And another occasion to overuse exclamation marks. According to the Minutes of the CPR Committee meeting of 8 October 2021, Practice Direction 55C will be sort of coming to an end on 30 November 2021, but...
Possession proceedings – end of the ‘overall arrangements’.
Yesterday (3 November) a statement from the Master of the Rolls announcing the end of the 'overall arrangements for possession proceedings', as of 1 November 2021, was put up on the judiciary website. The statement is here. (The original version of this post...
There’s a cheque on the table – s.21 and return of deposit
Gul v Bilal, Stratford Hearing Centre, 18 October 2021 (unreported. We've seen a note of hearing). A County Court decision on a landlord's application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to...
Private sector assortment
Some bits for private sector tenancies (in England, mainly), including s.21 notice periods, Tenant Fees Act and tenancy 'churn', an updated electrical safety guide for tenants, and the distant prospects of a Renters Reform Bill. I've belatedly updated the...
The one where counsel is a witness
Axnoller Events Ltd v Brake & Anor (cross-examination on a draft witness statement) (2021) EWHC 2539 (Ch) I don't know how many of you have been following the Axnoller v Brake litigation (parties vary, but are basically the same). I suspect not a lot. If...
Things! Useful and allowing for schadenfreude
An assortment of useful and amusing things for a Sunday. First, the many and varied changes to the notice periods and validity periods of section 21 notices over the last 18 months has caused headaches for all involved in trying to calculate the relevant...
Cancelling a debt moratorium – some issues
[Updated 13 Sept 2021 with reference to CPR PD 70B] Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch) I'm not going into any detail on the background to this judgment. It forms part of what has been by any measure...
1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following. Extend the...
Property guardians, possession claims and appearance of a defence for CPR 55.8
Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold...