Summary Judgement Application The coronavirus pandemic kickstarted the rise of rent arrears and tenant evictions in 2020. This has followed by a cost of living crisis and wider economic downfall nationally. Many landlords have issued possession proceedings to recover possession of their properties. Tenants often raise defences or counterclaims to possession proceedings which substantially delays […]
Terminating a Tenancy After the Death of the Tenant How do you deal with Terminating a Tenancy After the Death of the Tenant? When a tenant dies, the assured shorthold tenancy agreement does not automatically end. The tenancy is transferred temporarily to the Public Trustee if a tenant dies: without a will with a will […]
To Serve or Not to Serve – EPC’s and Gas Safety Certificates In a judgment handed down by the Court of Appeal in the case of Minister v Hathaway [2021] EWCA Civ 936, it was ruled that the landlords of an assured shorthold tenancy (that commenced prior to 01 October 2015) could serve a Section 21 […]
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 […]
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 […]
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. […]
The Ministry of Housing, Communities & Local Government has confirmed that the government is working with the Master of the Rolls to widen the existing ‘pre-action protocol’ on possession proceedings for Social Landlords. The Government plan is to require private landlords to adhere to the same rules as social landlords before issuing possession proceedings. The […]
The Prime Minister made an announcement on 10 May 2020 concerning the lockdown rules.In summary, the lockdown rules have not been lifted, but have been updated. The Prime Minister urged for those who cannot work from home, to go back to work.
The Ministry of Housing, Communities & Local Government has confirmed that the courts are to suspend all possession proceedings for 90 days. As of 26 March 2020, landlords will have to give all tenants no less than 3 months’ notice. The Coronavirus Act of 2020 confirms that: All landlords are required to give their tenant […]
Eviction During the Coronavirus Pandemic The Coronavirus Bill was introduced by the Government on 21 March 2020 and has already had its third reading in the House of Commons. Coronavirus Bill does not ban evictions Ministers last week promised a “complete ban” on evictions to allay the fears of renters facing a drop on […]