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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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