The Court of Appeal has now confirmed that a demand for rent does not waive the right to forfeit It has was previously accepted by the courts that a demand for and acceptance of rent is, as a matter of law, a waiver of the landlords right of forfeit a commercial lease agreement. However, in a landmark decision welcomed by commercial landlords, […]
The Coronavirus Act 2020 has significant implications for landlords and tenants of both commercial and residential premises. It substantially affects the ability of landlords to recover possession due to extended notice periods and temporary court rules and procedures governing the recovery of possession of property. We have set out all of the COVID-19 ‘Must Knows’ […]
There are dangers of using a witness statement to argue a case. It has become increasingly common that people who represent themselves in the civil courts and even lawyers are using a witness statement for making legal arguments, rather than giving evidence which is the purpose of a witness statement. Using a witness statement for […]
To protect against Coronavirus transmission, the Welsh Government has passed further regulations; The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 (‘the Regulations’) which extends the temporary eviction ban in Wales. No eviction notices can be served on residential tenants nor can bailiffs execute warrants of possession of land from the 11 January 2021 […]
Eviction Ban Extended in England until 21 February 2021. On 8 January 2021 the Housing Secretary, Robert Jenrick MP, announced a further extension to the restrictions on evictions for private renters in England which comes into force on 11 January 2021. The current restrictions were due to end on 11 January 2021, however, the new […]
To protect against Coronavirus transmission, the Welsh Government has passed The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2020 (‘the Regulations’) which introduce a temporary eviction ban in Wales. No notices of eviction by a bailiff eviction notices can be served on residential tenants nor can bailiffs possession orders from11 December 2020 until 11 January 2021 […]
In March 2020, the government placed a moratorium on forfeiture proceedings for commercial leases until 30 June, where the landlord was forfeiting the lease for non-payment of rent. There is now a ‘final’ Extension of the Moratorium on Forfeiture of Commercial Leases and Rent Arrears Recovery. Commercial Rent Arrears Recovery (CRAR) rights are usually exercisable […]
To protect against Coronavirus transmission, the Government has passed The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (‘the Regulations’) which introduce a new temporary eviction ban which applies to England only. No eviction notices can be served on residential tenants nor can bailiffs execute warrants of possession of land from the 17 […]
Following the temporary enactment of Practice Direction 51Z, all possession claims were stayed (put on hold) and a new Practice Direction came into force on 23 August 2020 allowing all stayed claims to be resumed. It was no surprise that the staying of possession claims was then extended, last minute, until 20 September 2020, possession […]
On 29 August 2020 the Government enacted The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020. The notice periods required to be given under Section 8 and 21 Notices has been extended as detailed below. Section 21 – 6 months notice in all cases. The period in which possession proceedings may be brought […]