Demand for Rent Does Not Waive the Right to Forfeit 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 […]

COVID-19 ‘Must Knows’

25th January 2021 0

COVID-19 ‘Must Knows’ for Residential and 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 […]

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 […]

Extension of Eviction Ban in Wales 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 […]

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 […]

New Regulations for Wales to Restrict Evictions until 11 January 2021 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 […]

New Restrictions on Eviction and Debt Recovery Action 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 […]

Eviction Notice Periods Extended 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 […]

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 […]