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16 December 2016
Issue: 7727 / Categories: Features , Civil way , Procedure & practice
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Civil way: 16 December 2016

New possession ground; agent loses £42K commission; suspended by taxman; & a casual mistake

IMMIGRANT POSSESSION

Landlords and their agents who are involved in the letting of premises in England to occupiers disqualified from being there because of their immigration status risk conviction for newly created offences under s 39 of the Immigration Act 2016 which came into force on 1 December 2016 (SI 2016/1037) There is a ‘reasonable steps to terminate’ defence open to landlords and ss 40 and 41 which were given life on the same date facilitate notice and a mandatory order for possession. A revised prescribed form 3 notice seeking possession is introduced (SI 2016/1118).

ONE TERM SHORT OF A CONTRACT

The property developer still had eight flats to get rid of in his Hackney block. He was put in touch with an estate agent who it was agreed would try and find a buyer at 2% commission. But he did not say what event would trigger the liability to pay. Within six days he had negotiated the “subject to contract” sale of the lot to a housing association. The

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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