Category: rent

Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers

Posted August 28th, 2020 in chambers articles, civil procedure rules, coronavirus, debts, government departments, housing, landlord & tenant, local government, news, rent, repossession by sally

‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’

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St Ives Chambers, 21st August 2020

Source: www.stiveschambers.co.uk

Benefit claimants face landlord discrimination despite ruling – BBC News

Posted August 28th, 2020 in benefits, disability discrimination, equality, housing, landlord & tenant, news, rent, sex discrimination by sally

‘Thousands of landlords are trying to avoid renting their properties to benefit claimants, despite a judge ruling a blanket ban was unlawful.’

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BBC News, 28th August 2020

Source: www.bbc.co.uk

Eviction ban extended by four weeks – Local Government Lawyer

Posted August 24th, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, notification, rent, repossession by sally

‘The ban on tenant evictions, which was set to expire on Monday 23rd August, has been extended for a further four weeks until 20th September.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer

Posted August 21st, 2020 in coronavirus, debts, housing, landlord & tenant, local government, news, rent, repossession by sally

‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

The position on possession – Hardwicke Chambers

Posted August 19th, 2020 in chambers articles, civil procedure rules, coronavirus, debts, housing, landlord & tenant, news, practice directions, rent, repossession by sally

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

230,000 could lose homes as eviction ban ends in England and Wales – The Guardian

Posted August 19th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘A man whose partner died of coronavirus after they moved into their dream flat is among 230,000 people who face having to leave their homes when the government lifts its ban on evictions in England and Wales this weekend.’

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The Guardian, 19th August 2020

Source: www.theguardian.com

Rent arrears and RROs – Nearly Legal

Posted August 18th, 2020 in landlord & tenant, news, rent, repayment, repossession by sally

‘This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant’s rent arrears.’

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Nearly Legal, 16th August 2020

Source: nearlylegal.co.uk

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

Posted August 10th, 2020 in coronavirus, debts, government departments, homelessness, housing, landlord & tenant, news, rent, repossession by sally

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com

High Court rejects challenge to award by arbitrator favouring council in property lease dispute – Local Government Lawyer

Posted August 5th, 2020 in dispute resolution, landlord & tenant, leases, local government, news, rent by sally

‘A High Court judge has dismissed a bid by a landlord to have set aside an arbitrator’s award that favoured a council as tenant of a city centre property.’

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Local Government Lawyer, 4th August 2020

Source: www.localgovernmentlawyer.co.uk

Coronavirus and property: keep taking the medicine – Falcon Chambers

Posted July 8th, 2020 in bills, chambers articles, coronavirus, forfeiture, insolvency, landlord & tenant, local government, news, planning, rent, repossession by sally

‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’

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Falcon Chambers, 29th June 2020

Source: www.falcon-chambers.com

Charity appeals for urgent change in law to prevent mass evictions – Local Government Lawyer

Posted July 8th, 2020 in charities, coronavirus, housing, landlord & tenant, news, rent, repossession by sally

‘Housing charity Shelter has called for emergency changes to the Housing Act to prevent large numbers of private renters from being evicted when the ban on evictions ends on 23rd August.’

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Local Government Lawyer, 7th July 2020

Source: www.localgovernmentlawyer.co.uk

Landlord’s knowledge of breach: waiver of forfeiture Faiz v Burnley BC [2020] EWCA 407 (Ch); 2 WLUK 318 (Ch D) – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, forfeiture, landlord & tenant, news, rent by sally

‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Waiver of the right to forfeit – Hardwicke Chambers

Posted July 1st, 2020 in chambers articles, forfeiture, landlord & tenant, leases, local government, news, rent by sally

‘The recent case of Faiz & Ors v Burnley Borough Council [2020] EWHC 407 (Ch) provides clarity on a tricky practical issue: when can a landlord accept monies after it gains knowledge of its right to forfeit?’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

Large chambers “should give space to smaller ones” – Legal Futures

Posted June 17th, 2020 in barristers, coronavirus, inns of court, landlord & tenant, news, rent by sally

‘Large chambers should be prepared to look after smaller sets “chased out” by their landlords by sharing premises and clerks, a senior criminal law barrister has said.’

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Legal Futures, 17th June 2020

Source: www.legalfutures.co.uk

Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers

Posted June 15th, 2020 in chambers articles, coronavirus, landlord & tenant, news, rent by sally

‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Landlord’s certification conclusive and binding on issues of law? – Hardwicke Chambers

Posted June 11th, 2020 in covenants, landlord & tenant, news, rent, repairs, service charges, set-off by sally

‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’

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Hardwicke Chambers, 10th June 2020

Source: hardwicke.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

Posted June 8th, 2020 in civil justice, consultations, coronavirus, debts, housing, judges, landlord & tenant, local government, news, remote hearings, rent, repossession, statistics, time limits by sally

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Tenant eviction ban in England and Wales extended by two months – The Guardian

Posted June 8th, 2020 in coronavirus, debts, government departments, housing, landlord & tenant, news, rent, repossession, time limits by sally

‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’

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The Guardian, 6th June 2020

Source: www.theguardian.com

High Court judge hands down ruling on secure flexible tenancies and possession during fixed term – Local Government Lawyer

Posted June 5th, 2020 in debts, fixed-term contracts, forfeiture, housing, landlord & tenant, local government, news, rent, repossession by sally

A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Thousands of UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession by sally

‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’

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The Guardian, 4th June 2020

Source: www.theguardian.com