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 […]
Ban on evictions continues for 4 weeks taking the total ban to 6 months New 6 month notice periods to be in place until at least 31 March 2021 Once eviction hearings restart, the judiciary will carefully prioritise the most serious cases including those involving anti-social behaviour and domestic abuse The Government has announced that […]
Code of Practice to Guide Commercial Landlord and Tenants During COVID-19 Crisis – Commercial Rent Arrears The UK government has published a temporary Code of Practice with the aim of encouraging fair and transparent discussions between commercial landlords and tenants during the COVID-19 crisis concerning rental payments and arrears, and promoting a spirit of collaboration rather than […]
Reasonable Recipient Test Applies to Eviction Notices The Court of Appeal (Pease v Carter & Anr [2020] EWCA Civ 175) has held that the reasonable recipient test applies to eviction notices. The background to the case is that on 7th November 2018 the landlord served Notices of Proceedings for Possession under s.8 Housing Act 1988 […]
Following the temporary enactment of Practice Direction 51Z, all possession claims were stayed and a new Practice Direction is to come into force on 23 August 2020 allowing all stayed claims to be resumed. The new rules are set out under Practice Direction 55C which confirms the courts will not be automatically resuming possession claims. […]
Judges Discretion to Grant Possession Orders In the case of City West Housing Trust v Massey, Manchester and District Housing Association v Roberts [2016] EWCA Civ. 704 the England & Wales Court of Appeal considered joined cases where social landlords attempted to recover possession of properties which had been used for the cultivation of cannabis. […]
Restrictions on evictions are set to be lifted as temporary measures put in place by the UK government due to COVID-19 are due to come to an end between 24th August 2020 and 30th September 2020, Landlord Advice UK is offering free legal support to landlords dealing with evictions as special protection from the Coronavirus Act 2020 […]