Tiemo, R (on the application of) v Lambeth London Borough Council (2020) EWHC 1193 (Admin) A interim judicial review decision from May, but judgment just out. The issue was the suitability of temporary accommodation under section 188 Housing Act 1996...
From March to September – possession stay extended.
The stay on possession claims imposed by CPR 55.29 was due to end on Sunday 23 August. In an extraordinary, after the last minute, step, on 20 August 2020 the Lord Chancellor directed the Master of the Rolls and the Civil Procedure Rules Committee to amend...
N5B or not N5B. That is the question.
I have no idea what is going on here, but the accelerated possession proceedings claim form - form N5B - has vanished from the gov.uk website and has been missing since at least 17 August 2020 - at least for England, the one for Wales is still there. You...
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...
Discrimination and ‘No DSS’
As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a 'No DSS' policy (meaning a refusal to even consider people claiming housing related benefits - who are often employed...
We don’t do that in Wales
Jarvis v Evans & Anor (2020) EWCA Civ 854 The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21...
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...
Dispensing with section 20 – requirements on landlord
Aster Communities v Chapman & Ors (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 177 (LC) A quick note on this one. Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they...
Two thirds of a stay
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you courtesy of...
Adventures in forfeiture – brothels and specifying the breach
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any...