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 […]
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 […]
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 […]
How to Evict Trespassers It is important that those who own property and land are aware of the eviction process should their rights over their land be infringed by trespassers, whether the land is open land, a commercial, or residential premises. Trespassers are commonly referred to as ‘squatters’, but the proper legal term for squatter […]
Ban on Evictions Set to End on 23 August 2020 On 01 July 2020 Parliament confirmed the current suspension of evictions will end on 23 August 2020 and the courts will start hearing possession claims on 24 August 2020. This will be a relief to many landlords who are waiting to enforce possession orders already […]
On 05 June 2020 the MHCLG announced that the current ban on evictions would be extended until 23 August 2020. Ban on evictions from social or private rented accommodation extended by 2 months New court rules will ensure vulnerable renters will be protected when the suspension of evictions ends Government committed to ensuring that no […]
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.
Covid 19 and Gas Safety Checks The COVID-19 pandemic in the UK may make it more difficult for landlords to arrange annual safety checks in some cases, as tenants may need to self-isolate for 14 days or longer periods, and as registered gas engineers availability reduces due to the same measures. The Safe Register has […]