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Civil way: 28 May 2021

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

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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