header-logo header-logo

15 November 2018
Issue: 7817 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 16 November 2018

Worse for assured shortholds; searching for an adoptee; stay halts service; old maintenance arrears.

LANDLORDS NEED MORE ASPIRINS

The secret is out. Assured shorthold tenancy agreements made in respect of dwellings in England before 1 October 2015 are now subject to the provisions of ss 33–38 and 40 of the Deregulation Act 2015 (DA 2015) which initially applied only to assured shortholds granted on or after 1 October 2015.

The old tenancies are caught as from 1 October 2018. To blame is s 41(3) of DA 2015. And so, my landlord friends and their advisers, for these old tenancies, we welcome the law we have come to hug which prevents retaliatory eviction, requires the issue of possession proceedings within six months of service of the s 21 notice, removes the s 21(4) trap for the notice to specify its expiry as the last day of a period of the tenancy, and deals with repayment of rent in a limited situation where the tenancy ends before time (see ‘Civil way’, 165 NLJ 7671, p17; 165 NLJ 7675, p15).

What about use of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll