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.
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 4th June 2020
Source: www.theguardian.com
‘This was a determination of a possession claim brought by Croydon LBC against Ms Kalonga, who had a five year term flexible tenancy. This was a trial of a preliminary issue, transferred to the High Court, of “the correct manner in which to determine a secure flexible tenancy during the fixed term (including whether, and if so how, any principles relating to forfeiture apply)”. The claim ws brought during the fixed term.’
Nearly Legal, 2nd June 2020
Source: nearlylegal.co.uk
‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’
Becket Chambers, 1st June 2020
Source: becket-chambers.co.uk
‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’
Park Square Barristers, 13th May 2020
Source: www.parksquarebarristers.co.uk
‘A review of the number ways Covid-19 can effect the progression and outcome of housing cases and how practitioners can continue to engage in effective case management during this challenging period.’
St Ives Chambers, 19th May 2020
Source: www.stiveschambers.co.uk
‘In a possession and money claim brought by the registered assignee of a legal charge, the Appeal Judge found that the Claimant was entitled to possession as the registered title holder of a legal charge, despite his allowing the Defendant’s appeal and holding that the Claimant had not proved that a valid assignment of the debt had occurred at trial.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’
Litigation Futures, 28th May 2020
Source: www.litigationfutures.com
‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’
Local Government Lawyer, 28th May 2020
Source: www.localgovernmentlawyer.co.uk
‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’
Nearly Legal, 27th May 2020
Source: nearlylegal.co.uk
‘Undocumented migrants are being forced to sleep rough during the coronavirus pandemic amid an increase in illegal evictions and a lack of government guidance, lawyers have warned.’
Each Other, 13th May 2020
Source: eachother.org.uk
‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’
Nearly Legal, 11th May 2020
Source: nearlylegal.co.uk
‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’
Litigation Futures, 11th May 2020
Source: www.litigationfutures.com
‘It is common for the estates of deceased persons to have as part of their assets land occupied by persons other than the personal representatives. This property might comprise residential or business premises let to tenants and generating an income for the estate, or, a common case, property occupied by the deceased together with a licensee (such as an adult child of the deceased) until death and which continues to be occupied by that licensee after death. The circumstances of the pandemic and its attendant legislation may complicate dealings with such premises, and those complications are considered here.’
The 36 Group, 27th April 2020
Source: 36group.co.uk
‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’
4-5 Gray's Inn Square, 28th April 2020
Source: www.4-5.co.uk
‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’
4-5 Gray's Inn Square, 29th April 2020
Source: www.4-5.co.uk
‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’
Falcon Chambers, 23rd April 2020
Source: www.falcon-chambers.com
‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’
Thomas More Chambers, 28th April 2020
Source: www.thomasmore.co.uk
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