In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
The snappily named Assured Tenancies and Agricultural Occupancies (Forms) (moratorium Debt) (Consequential Amendment) (England) Regulations came into force on Monday 3 May 2021.
The big news is that the Notice Seeking Possession (NSP) prescribed form has been amended to incorporate references to the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 which also came into force on Monday. This is a prescribed form so must be used. Please see our recent ebriefing for more information on “Breathing Space”.
As has become the norm in the last 12 months, advanced notice of the new form was not given by the Government. To further complicate matters, the form that was initially released on Friday afternoon was incorrect. It contained details of the earliest dates on which proceedings could be brought...but these failed to take into account the new notice periods under the Coronavirus Act 2020 (Residential Tenancies: protection from Eviction)(Amendment)(England) Regulations 2020 (as amended).
Thankfully the form for Assured tenancies has been amended this morning and is now available. This exact form MUST be used.
Interestingly, the form for Secure Tenancies does not seem to have been changed. Clients should exercise caution on these cases until it is clear if a revised form is produced.
If any client issued an NSP on Friday afternoon/Monday using the first form that was released, a new NSP will now need to be served.
Similarly, any client who served an NSP on Thursday 29 April 2021 or Friday 30 April 2021 by post, using the old form, will now also need to re-serve those notices. This is because, on the date of deemed service i.e. 3 May 2021, the wrong form has been used and therefore renders the NSP invalid.
For more information
For further information and assistance on this or any other matter, please do not hesitate to contact Suzanne Gregson or any other member of the housing litigation team.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
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