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...
Coronavirus Act 2020: Business Tenancies Restrictions on forfeiture for non-payment of rent
7 April 2020
By Laura Smallwood Section 82 of the Coronavirus Act 2020, which came into force on 25th March 2020, restricts the ability of landlords of relevant business premises to enforce a right of re-entry or forfeiture for non-payment of rent. Definitions (s.82(12) ● The ‘relevant period’ during which the provisions apply is 26th March to...
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...
By Paul Moulder Everyone should note the latest changes brought by the Covid-19 Pandemic, being the new Practice Direction making an automatic stay of possession proceedings and proceedings to enforce possession by warrant or writ of possession. The Practice Direction is effective from 27 March 2020, and the text is below. 1. This practice direction...
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LUKE TRIM Both family and civil practitioners will be familiar with claims under Tolata between ex-cohabitees who seek a declaration of the beneficial shares owned in a property. The approach to dealing with such applications was set out extensively in Stack v Dowden[1], and in many cases a great deal will turn upon the intention...
TLATA: Disputes relating to co-owners or co-occupiers Date: Thursday 10 October 2019 Time: 6.00-8.00 pm Place: The Hotel Novotel, Friar Street, Reading Cost: Free CPD: 1.5 points Our Guildford version of this event was oversubscribed with over 70 attendees, so get in early to secure you place. We had some great feedback from delegates: “Thank...
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