Tag Archives: possession
Time to get your house in order
Landlords are facing the prospect of wider and more severe sanctions for failing to keep rental properties in a safe and habitable condition. From yesterday landlords who fail to comply with an Improvement Notice or Prohibition Order to ensure properties are safe and habitable face unlimited maximum fines in the magistrate’s courts. Previously there was […]
I predict a riot – Anti-social behaviour Crime and Policing Act 2014
The Anti-Social Behaviour Crime and Policing Act 2014 (the Act) was given royal assent in March 2014. It amends the Housing Act 1988 to include a new mandatory grounds for possession based on anti-social behaviour. Sections 97 to 100 ( in Part 5) of the Act deal with the new grounds for possession relating to […]
Spencer v Taylor and Superstrike v Rodrigues revisited.
Spencer v Taylor [ 2013] EWCA Civ 1600 The Court of Appeal ruled that when serving notice on a tenant in a statutory periodic tenancy, provided there was once an initial fixed term, Landlords may serve valid notice by giving not less than two months’ written notice i.e according to the provisions of section 21 […]
Section 21 news ( and comment)
Spencer v Taylor [ 2013] EWCA Civ 1600. The Court of Appeal has recently revisited the requirements of section 21 of the Housing Act 1988 and its application to statutory periodic tenancies, which in due course is likely to significantly alter and simplify the way notice is served on statutory periodic tenants of an Assured […]
Forfeiture and the Courts
As many of our readers will be aware that since the passing of the Commonhold and Leasehold Reform Act 2002 before a freeholder can take steps to forfeit a lease a determination is required. Section 168 of the 2002 Act gave jurisdiction to the Leasehold Valuation Tribunal to determine if there was a breach of […]
Trips and slips with Section 21 Notices
The agent, landlord or lawyer must comply with the requirements of the deposit protection rules. To serve a valid section 21 notice the deposit must be protected and prescribed information served pursuant to section 213 of the Housing Act 2004 as amended by the Localism Act 2011 within thirty days of the tenancy starting or […]
What factors should the court take account of in adjourning a trial?
We are often faced with questions when a final hearing is approaching asking about what will happen if the other side tries to adjourn or even our client wanting to adjourn! The starting point for all Tribunals and Courts is that they should be reluctant to adjourn a final hearing unless there is good reason. […]
What duty does a Landlord have if the tenant leaves their belongings in the property once they have vacated?
The above question is one which we get frequently asked by agents on the PainSmith helpline. It is often the case that tenants will vacate a property and leave their personal possessions behind which can pose a real problem for landlords. The Torts (Interference with Goods) Act 1977 requires a landlord to take care of […]
All very frustrating, but what are the options?!
Painsmith has recently encountered the Kafkaesque world of the tenancy deposit protection schemes, specifically the DPS and its new rules relating to the release of the deposit following a court hearing. DPS is currently refusing to release deposits where the courts have not specifically ordered it and they have changed their rules to reflect the […]
It’s not the lawyers! It really isn’t!
Delays in possession hearings are not common in our experience but they can happen. In the case of Benesco Charity Ltd v Kanj and Unknown Persons the occupiers of a property were granted permission to appeal a possession order thus delaying the execution of the bailiff warrant for possession. Benesco granted Speedway Tyres a 10 […]
Setting the record straight….
It has come to our attention that some companies claiming to be experts in the field of Landlord and Tenant law are advising agents not to serve section 8 notices until tenants are into their third month of arrears because some judges insist that to serve a notice during the second month is “no longer […]
“Why Do I Need Court Proceedings? And What Do These Involve?
Many of our readers will know why there is a need to obtain a Court Order to evict residential tenants however for those that do not we hope the below helps. If someone is occupying a residential property whether lawfully or not then an Order of the Court is required (a Possession Order) which generally […]
Back to Basics 4: Section 21
A section 21 notice is not a notice to quit. Many people that call the helpline refer to a section 21 as a notice to quit even today and it’s not, so stop it! A section 21 notice is used by the landlord when he wishes to gain back possession of the property at the […]
How long do Court Proceedings for Possession take?
As many of our regular readers may be aware the time taken for Courts to process claims particularly in the London Region has extended dramatically. We would normally say that an accelerated possession claim if no Court hearing was required would take about 2 to 3 months from issue of proceedings until bailiff appointment. For […]
Back to basics 3: Voluntary Surrender and Abandonment
It can be tricky to know the correct procedure to take when you believe that the tenant has vacated the property. The main issue you want to avoid like the plague is a claim for unlawful eviction. Claims of this nature can be troublesome to deal with, costly and will hinder your attempts for possession […]
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Agents signing prescribed information
We are running out of titles for deposit blogs. We have had some queries regarding a court case in which possession proceedings were thrown out because the Prescribed Information had been signed by the agent, not the Landlord. This is unreported and we do not know exactly what went on although it has been reported […]