Yesterday, in an important judgment in Rakusen v Jepson & Ors, the Court of Appeal found that a superior landlord is unable to be a respondent to an application for a rent repayment order where the property is an unlicensed HMO.
Emma Godfrey acted for the successful local authority in the Court of Appeal case of Patel v London Borough of Hackney  EWCA Civ 897. Judgment has now been handed down.
The stay on residential evictions came to an end yesterday (31 May 2021). From today (1 June), notice periods previously set at 6 months, are now reduced to 4 months.
The Civil Procedure Rules Practice Direction 55C, which came into force on 23 August 2020, has been extended from 28 March 2021 to 30 July 2021. The deadline for reactivation notices has also been extended from 29 January 2021 to 4pm on 30 April 2021.
This decision is significant for local authority landlords as there are tens of thousands of flexible tenancies in England and most may not have forfeiture clauses.
From today, the ban on residential evictions has been extended in England and in Wales.
When a tenant dies, the contractual tenancy survives, meaning possession of the property cannot be obtained from the (non-succeeding) current residents until that tenancy is terminated by notice to quit. But how is that process carried out if probate (or letters of administration) have not yet been granted?
Further to our update on possession claims earlier this week, as of yesterday there is now a wealth of guidance online ahead of possession claims resuming in the courts from Monday (21 September). Housing lawyers have a lot of reading to do before Monday.
The Master of the Rolls’ working party has finalised its guidance document so that the legal system, and in particular the courts, can manage housing possession cases once the stay on proceedings is lifted on 20 September.
Today, in a last minute announcement before the stay on possession claims was due to be lifted on 23 August 2020, it was explained that the Lord Chancellor had written to Sir Terence Etherton MR to explain that: “he [the Lord Chancellor] thinks it expedient for the Civil Procedure Rules to include provision that would extend the stay imposed by rule 55.29 for a period of four weeks, to 20 September”.