Part of the housing management and litigation team.
I advise registered housing providers in connection will all aspects of housing litigation, including possession claims based on rent and/or anti-social behaviour, demotion claims and injunctions.
I have been at Anthony Collins Solicitors for many years and worked with a variety of registered providers. Through my experience gained as a judge’s clerk at Birmingham High Court, I provide training to clients and external institutions on how best to use the county court system and collect witness evidence.
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.
After much commentary in the housing press in recent days, we are aware that this morning, Friday 21 August 2020, the Civil Procedure Rules Committee approved a further amendment to the Court Rules, extending the current stay on possession proceedings until 20 September 2020. This is simply awaiting a Statutory Instrument to be laid by Parliament to bring the changes in; therefore, the position could change but the possibility of this is very slim.
The impact of Covid-19 continues as the stay on possession claims is extended.
Late last night (26 March) the Ministry of Housing, Communities and Local Government (MHCLG) issued a guidance note regarding Court Service.
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.
The changes can be found in The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule to those Regulations contains the content of the prescribed form of the new Section 8 Notice Seeking Possession.
Recap - What is an Article 8 Defence? Where a tenant seeks to persuade the Court that eviction from their home would not be proportionate.
Now is the time to review procedures re the necessary pre-action steps that need to be taken prior to issuing possession proceedings.
To recap the following tools will be available as of 20 October 2014: New absolute Ground for Possession – available for both secure and assured tenants, the new absolute Ground for possession creates 5 different conditions that can give rise to a mandatory Possession Order.
As a result of the changes individual Court buildings will become Hearing Centres. The back offices will be Administrative Centres.
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