News & Library

Further developments: possession claims

As previously reported on 15 June, the stay on possession proceedings imposed by CPR 55.29 will come to an end on 23 August 2020 after being put in place on 25 March 2020 in response to the Covid-19 crisis. This does not mean, however, that possession...

Gas safety certificates and s.21 notices: good news for landlords

The Court of Appeal decision in Trecarrell House Limited v Rouncefield , handed down in June 2020, has established that a landlord who has not provided their tenants with a gas safety certificate prior to the tenancy commencing is not prevented from using a...

Tenant Fees Act 2019: wider applicability from 1 June 2020

On 1 June 2019 the Tenant Fees Act 2019 (the “Act”) came into force. The Act sets out the law on prohibited payments: landlords and managing agents, from 1 June 2019, are prohibited from charging fees (prohibited payments) other than those...

Recent residential repossession cases

During lockdown there have been a number of cases aimed at questioning the validity of Civil Procedure Rules Practice Direction 51Z (“PD 51Z”). In Marshall (Arkin) v Marshall & Another [2020], a challenge considering the lawfulness of the...

Rented residential property - new electrical safety standards

From 1 July 2020 the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the “Regulations”) will come into force and will affect the private rental sector. The purpose of the Regulations is to try to ensure that...

Residential repossession stay extended

On 25 March 2020, in response to the Covid-19 crisis, the government introduced the Coronavirus Act 2020 (the “Act”). In our article dated 8 April 2020 we explained that the Act, among other things, imposes restrictions, for a temporary period,...

Pubic Rights of Way - grounds for diversion

A recent case in the High Court ( Open Spaces Society v. Secretary of State for the Environment, Food & Rural Affairs [2020] EWHC 1085 (Admin)) examined the matters which can be taken into account when determining whether public rights of way should be...

Success with a bare notice to quit

In Argyle Farmers Limited v Hinderton Estates Limited & Hopkins (05.05.2020 unreported), we acted for the defendant landlords in a claim concerning the validity of a general notice to quit served on an agricultural tenant enjoying security of tenure...

Temporary changes to Land Registry procedures

In light of the current Covid-19 restrictions, Land Registry have made a few temporary changes to some of their practices, procedures and policies. These are summarised below. Verification of identity Land Registry will not reject applications where...

Further protection for commercial tenants

As of 24th April 2020, the government has introduced more measures to try and help commercial tenants who are struggling to meet their bills and rent due to the effect of coronavirus.  There will be a temporary ban on the use of statutory...

Bringing possession claims against trespassers during covid-19 stay

As explained in our recent article on the restrictions on recovering possession of residential rental property during the current coronavirus pandemic, a new practice direction to the Civil Procedure Rules, Practice Direction 51Z, was introduced on 27 March...

Residential conveyancing: breach of contract during covid-19 outbreak

With the impacts of the coronavirus outbreak continuing to ricochet through the economy, the process of buying and selling property has never been more stressful for buyers and sellers alike.  Government advice so far has been to encourage the...

Adjustments to 'Right to Rent' requirements

Whenever landlords take on new tenants or lodgers of residential property they must carry out the government’s ‘Right to Rent’ checks so as to ensure that all new occupants over 18 years old are able to legally rent in the UK.  ...

Impact of Covid-19 on breaches of commercial tenancies

As with residential tenancies, the arrival of Covid-19 has resulted in emergency legislation coming into force as regards commercial tenancies to try, in particular, to provide temporary protection for commercial tenants who find themselves unable to pay...

Covid-19 restrictions on recovering possession of residential rental property

In response to the Covid-19 pandemic, Parliament passed the Coronavirus Act 2020 (the “Act”) on 25 March 2020. Among other things, the Act imposes restrictions, for a temporary period, on landlords’ ability to to recover possession of...
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