By Laura Smallwood & Luke Trim Six months on from their webinar ‘Possession proceedings: where are we now?’ Laura and Luke reviewed the current situation and recent changes in relation to possession and other remedies, including case law on commercial tenants’ ‘COVID-19 defences’ to claims for arrears of rent and service charges, and potential replacements...

By Laura Smallwood This webinar reviewed The Debt Respite Scheme (Breathing Space Moratorium & Mental Health Crisis Moratorium) (England & Wales) Regulations 2020 which came into force on 4th May 2021. These regulations provide debtors with short term protection from action by creditors and will further affect the dynamics of the  landlord-tenant relationship, which has been...

By Laura Smallwood   In Keshwala v Bhalsod [2021] EWCA Civ 492, the Court of Appeal, overturning a decision of the High Court, has held that there is no legal principle that an application for relief from forfeiture made within 6 months of re-entry will be deemed to have been made reasonably promptly.   Background...

Laura Smallwood and Luke Trim will be delivering an update on this webinar in May 2021. There have been extensive and repeated changes to the landscape of possession proceedings since March 2020 due to the coronavirus pandemic. This webinar will review the current state of the law and will consider the Overall Arrangements for Possession...

  By Laura Smallwood The stay on possession proceedings now governed by CPR 55.29, which was brought in to replace PD 51Z from 25th June by the Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 will come to an end on 23rd August. What then? The answer lies in a new, temporary practice direction, Practice...

By Laura Smallwood In Arkin v Marshall & Another [2020] EWCA Civ 620, the Court of Appeal has dismissed challenges to the lawfulness of PD51Z, which stays all possession proceedings currently until 25th June. The Court also considered the scope of the practice direction, and held that whilst there is power to lift the stay,...

By Laura Smallwood The availability of Commercial Rent Arrears Recovery (CRAR) has been restricted, further limiting commercial landlords’ options for recovery against defaulting tenants in the current crisis, whilst affording breathing space to tenants. An item posted by the writer on 7th April in relation to the moratorium on forfeiture of business tenancies for non-payment...

By Laura Smallwood   Practice Direction 51Z, which operates to stay “all proceedings for possession” brought under CPR Part 55 for 90 days from 27th March, has been amended with effect from 18th April 2020. The background to the amendments is a letter sent by the Property Bar Association and Property Litigation Association to the...

By Laura Smallwood The Coronavirus Act 2020, which came into force on 25th March, introduces restrictions on landlords seeking to obtain possession of residential premises. The provisions, contained in Schedule 29 of the Act, apply for the duration of the ‘relevant period’, defined as 26th March to 30th September 2020, subject to possible extension. A...