There is now a deluge of new materials ahead of Monday 21 September restarting of possession proceedings. All out today are: The Master of the Rolls published version of the 'Overall Arrangements for possession proceedings in England and Wales', which,...
Possession claims – More new things and yet more to come.
Some things that emerged today, ahead of the resumption of possession claims on Monday 21 September. Gov.uk now has a "Reactivation Notice" form (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format...
Forthcoming… ‘No DSS’ judgment and no evictions over christmas
A couple of bits to be filled out later on. Item 1. Shelter and Tessa Buchanan of Garden Court acted for a disabled applicant tenant, Stephen Tyler, in a 'No DSS' discrimination claim against letting agents Paul Carr. The claim went to full trial at...
Beth sy’n digwydd yng Nghymru?
We are very grateful to Mike Norman of Bristol Law Centre for the following guest post on the current position on possession claims and notice periods in Wales. Keeping up with England has been more than enough for me, so this is extremely welcome. The...
Here come the new rules, (not quite) the same as the old rules – Notice periods
In that delightfully wilful way that we housing lawyers have come to know and love*, the Govt chose Friday afternoon 28 August to drop The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 on an...
Possession claims, present and predicted.
A round up of where we are on possession claims, notices, etc. and then what we will need to know for the future. This post is, of course, a hostage to fortune. The present moment stuff is right, but if the Govt goes the high risk route of retrospective...
Yet more new CPR – and no eviction without notice coming soon.
In the excitement last Friday about the Rules laid in Parliament introducing PD 55C, I completely overlooked another set of Rules, also laid last Friday. The Civil Procedure (Amendment No. 3) Rules 2020, in force as of 17 July 2020, makes changes to the CPR...
Reactivation!
After the mystery of the Rules laid last Friday, we now had the text of Practice Direction 55C, which will come into effect on 23 August 2020 at the end of the Part 55.29 stay of possession proceedings. The text can be read here. The key elements are. This...
Mystery directions
In the evening of Friday 17 July, The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 appeared, having apparently been laid earlier that day. These will come into force on 23 August 2020. What the Rules do is amend the Civil Procedure Rules to add...
Evidencing a joint tenancy
Vale of Aylesbury Housing Trust Limited v Richens (2020) EWHC 685 (Ch) An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time...
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...
Hypothetical children and bedrooms
SSWP V WT and Redcar and Cleveland BC (HB) (2019) UKUT 372 (AAC) Very late to this one (I missed it) but a brief note on a doomed attempt in the Upper Tribunal to challenge The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ...