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15 November 2018
Issue: 7817 / Categories: Features , Civil way , Procedure & practice
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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).

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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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