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Civil way: 16 November 2018

15 November 2018
Issue: 7817 / Categories: Features , Civil way , Procedure & practice
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Worse for assured shortholds; searching for an adoptee; stay halts service; old maintenance arrears.

LANDLORDS NEED MORE ASPIRINS

The secret is out. Assured shorthold tenancy agreements made in respect of dwellings in England before 1 October 2015 are now subject to the provisions of ss 33–38 and 40 of the Deregulation Act 2015 (DA 2015) which initially applied only to assured shortholds granted on or after 1 October 2015.

The old tenancies are caught as from 1 October 2018. To blame is s 41(3) of DA 2015. And so, my landlord friends and their advisers, for these old tenancies, we welcome the law we have come to hug which prevents retaliatory eviction, requires the issue of possession proceedings within six months of service of the s 21 notice, removes the s 21(4) trap for the notice to specify its expiry as the last day of a period of the tenancy, and deals with repayment of rent in a limited situation where the tenancy ends before time (see ‘Civil way’, 165 NLJ 7671,

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MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
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In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
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