header-logo header-logo

10 March 2017 / Tracy Bird
Issue: 7737 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Digital possession claims in arrears

nlj_7737_bird

The Possession Online Claims system is in urgent need of a digital makeover, as Tracy Bird explains

  • Revision of the entire Possession Claim Online (PCOL) system is long overdue.
  • Part 36 offers & digital bundles.

The judgment in Cardiff City Council v Lee (Flowers) [2016] EWCA Civ 1034, [2016] All ER (D) 163 (Oct) last October firmly established that in respect of applications to enforce suspended possession orders, a landlord will need to seek permission of the court to enforce possession orders by way of a warrant. Much has been said as regards the implications of this case for the purposes of a landlord’s procedural obligations upon a breach, however this article seeks to look at the practicalities for practitioners in light of the N325A form being issued, namely that manual processes now need to be followed in order to lodge these documents, thereby presenting the case for a long overdue revision to the entire Possession Claim Online (PCOL) system.

From the outset I should clarify my view point that the issues in possession claims are vast and numerous, and

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