header-logo header-logo

28 May 2021 / Stephen Gold
Issue: 7934 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 28 May 2021

TAKE NOTICE

Short notice, wrong form. Points of defence to engage housing lawyers in coming months as landlords abandon their claims and reserve notices seeking possession, most recently to be confounded by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No 2) Regulations 2021, SI 2021/564, and the Assured Tenancies and Agricultural Occupancies (Forms) (England) and Suspension (Coronavirus) Regulations 2021, SI 2021/562. The temporary residential coronavirus legislation has set more traps than an overworked pest controller. Let’s take the notice periods in England. In respect of a section 8 Housing Act 1988 notice in form 3, at least three months was required during 26 March to 28 August 2020 inc. This was doubled to a stonking six months during 29 August 2020 to 31 May 2021 inc with modifications for rent arrears, anti-social behaviour, rioting and false statement cases. The six months has now been reduced to four months as from 1 June until 30 September 2021 inc but changes made where rent arrears: four weeks for four

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll