It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
Please note that the Cardiff CC –v- Lee (Flowers) case reported in our recent e-briefing (click here) does also apply to suspended possession orders made in rent arrears cases.
Landlords should set up a template N244 general application notice to use to apply for permission before they apply for a warrant on form N325. This cannot presently be done on PCOL and a hard copy will need to be completed.
The “order sought” part of the N244 should read along the lines of:
“1. An order for Permission for the Claimant pursuant to CPR 83.2(3)(e) to apply for a warrant of possession as the terms in the suspended possession order made on [date] (attached) have been breached as shown by the rent account attached. 2. Costs in the sum of the court fee of £100”
Tick the box on the N244 for it to be heard without a hearing and give a time estimate of 5 minutes. We would suggest a witness statement is not required unless the breach of the SPO is not, for some reason, self-explanatory from the rent account.
If you want to use PCOL for the warrant then you should wait until the order giving permission comes back and then apply for the warrant on PCOL. It is not known if and when PCOL or the warrant application form N325 will be updated to add a box to tick to say permission has been granted already; this may take some time.
If you do not use PCOL you could send the N235 warrant application in with the N244 application and ask in the covering letter for the court to process the warrant application once permission has been granted.
It is likely permission applications will take 3 – 4 weeks to be dealt with by Judges. The court fee payable for a without notice application where a hearing is not sought is £100. If you do not have a court fee account (separate from the PCOL fee account) then it may save time to set one up now.
Once permission has been granted and a warrant date set, the tenant still has the right to apply for a suspension of the warrant in the usual way. That process remains unchanged.
For more information
Please contact Helen Tucker or any member of the Housing Litigation team on 0121 212 7400.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
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