header-logo header-logo

28 May 2021 / Stephen Gold
Issue: 7934 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 28 May 2021

TAKE NOTICE

Short notice, wrong form. Points of defence to engage housing lawyers in coming months as landlords abandon their claims and reserve notices seeking possession, most recently to be confounded by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No 2) Regulations 2021, SI 2021/564, and the Assured Tenancies and Agricultural Occupancies (Forms) (England) and Suspension (Coronavirus) Regulations 2021, SI 2021/562. The temporary residential coronavirus legislation has set more traps than an overworked pest controller. Let’s take the notice periods in England. In respect of a section 8 Housing Act 1988 notice in form 3, at least three months was required during 26 March to 28 August 2020 inc. This was doubled to a stonking six months during 29 August 2020 to 31 May 2021 inc with modifications for rent arrears, anti-social behaviour, rioting and false statement cases. The six months has now been reduced to four months as from 1 June until 30 September 2021 inc but changes made where rent arrears: four weeks for four months’ arrears and four months for less than four months’

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

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
back-to-top-scroll