Aside from the COVID-19 pandemic, a key theme of 2020 has been diversity and inclusivity. This two-part update addresses this theme in detail
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where an SPO has been breached.
This has caused great difficulties for landlords nationally; due to the uncertainty left by the case, there are differing approaches taken by courts across the country with some requiring simply a formal N244 application notice and others demanding a witness statement and a draft order. It also meant an increase in court costs as a £100 issue fee for each application was necessary.
Today (20/12/2016) we are pleased to confirm the release of a new court form following emails with the Civil Procedure Rules Committee and, no doubt, the national feedback. Form 325A request for a warrant of possession of land following an SPO – has been released as a “work around” and can be used from 20th December 2016.
Form N325A allows for a schedule of payments due and made to be attached to the warrant request. The N325A and the schedule will then be referred to a judge for consideration and for permission to issue the Warrant to be either granted or refused. This means that a separate N244 application is not necessary, nor is a witness statement in support. No separate application notice fee is payable either which means a substantial cost saving.
This procedure will now be followed in all county courts alleviating the uncertainty for landlords.
The new form is available from the Court Service website and can be found by clicking here.
What is still unclear is the approach to be when enforcing SPOs based on ASB where there has been a breach. The new form 325A refers solely to a payment schedule and doesn’t allow for ASB orders. Further clarification is being sought on this point at present. In the meantime, landlords should carefully follow any procedure set out in the ASB SPO for the issue of a Warrant following breaches.
The Civil Procedure Rules Committee will be consulting in the new year regarding a formal amendment to the court rules following the Cardiff case so watch this space for further proposed amendments in the near future and respond to the consultations!
For more information
Please contact Alex Loxton or any member of the Housing Litigation team on 0121 212 7400.
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
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.
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.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.