‘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.’
Local Government Lawyer, 7th July 2020
Source: www.localgovernmentlawyer.co.uk
‘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 notice?’
Nearly Legal, 7th July 2020
Source: nearlylegal.co.uk
‘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 the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’
Nearly Legal, 5th July 2020
Source: nearlylegal.co.uk
‘A “devious” litigant produced an inaccurate transcript of an earlier judgment in the latest of a series of “forgeries” of court documents, a High Court judge has found.’
Litigation Futures, 29th June 2020
Source: www.litigationfutures.com
‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’
St Ives Chambers, 23rd June 2020
Source: www.stiveschambers.co.uk
‘London Borough of Hackney v Okoro [2020] EWCA Civ 681
This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’
Becket Chambers, 1st June 2020
Source: becket-chambers.co.uk
‘A flexible tenancy is a species of secure tenancy which is granted for a fixed term of at least two years (s.107A-D, Housing Act 1985). At the end of the fixed term, the landlord has a mandatory ground for possession (s.107D). During the fixed term, commentators have differed on how the landlord can terminate the tenancy. In Flexible Tenancies and Forfeiture, [2014] Journal of Housing Law 17 (Andrew Dymond), it was suggested that the tenancy needed to include a forfeiture clause and the fixed term needed to be terminated by way of forfeiture (see s.82(3), 1985 Act). By contrast, in In a Fix New Law Journal, 29 June 2012 (Jon Holbrook), it was suggested that a flexible tenancy could be determined in the same manner as a periodic secure tenancy, i.e. by the landlord obtaining and executing an order for possession.’
Landmark Chambers, 2nd June 2020
Source: www.landmarkchambers.co.uk
‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’
St Ives Chambers, June 2020
Source: www.stiveschambers.co.uk
‘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.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 6th June 2020
Source: www.theguardian.com
‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’
Falcon Chambers, 28th May 2020
Source: www.falcon-chambers.com
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
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