Tag Archives: procedure

“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 […]

Enfranchisement: can you bring multiple claims?

Recently the High Court has ruled on the case of Westbrook Dolphin Square Limited v. Friends Provident Life and Pensions Limited. The Leasehold Reform Housing and Urban Development Act 1993 expressly considers the position which may arise when a Notice (whether for enfranchisement or a lease extension) has been validly served but is not proceeded […]

Its all in the Drafting!

The recent case of Estafnous v London and Leeds Business Centres Ltd (LLBC) showed what can happen where an agreement is drafted which does not cover the way the sale is finally concluded. In this case, LLBC wished to sell a property known as Regent House. In this regard, Mr Estafnous, an agent, introduced an […]

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 […]

The Tenants Bankrupt!

We have come across two decisions from earlier this Summer dealing with the problem of what to do when faced with a Tenant who is made bankrupt or enters into a Debt Relief Order. Generally anyone who is made bankrupt or obtains a Debt Relief Order is subject to certain moratoriums on proceedings and the […]

Ground 14

Most of you will have heard about the coalition governments crack down on anti social behaviour especially in light of the recent rioting and looting. However, the coalition government is taking it that one step too far, in our humble opinion, and suggesting that those that are convicted of anti social behaviour should be evicted […]

Collective enfranchisement: what is it?

Collective enfranchisement is the term given to Leaseholders acquiring the Freehold of the property they live in. For the purposes of this article we will be referring to the Leasehold Reform Housing and Urban Development Act 1993 (“the Act”) as amended and the collective enfranchisement of flats. There is other legislation such as the Leasehold […]

Change in Tenants

Sam asked “change of occupancies can be a legal minefield so some clarification on the best procedure would be helpful.” The document you need is the Deed of Assignment. The 3 main points to note: Deposit We do not know how many of you have been affected by this but DPS in their rules (16c) […]

Oxford, again….

We have been provided with a copy of a letter that Oxford City Council is distributing to relevant parties in the lettings industry. As regular readers will know, the Labour government amended the planning use classes in April 2010 to limit the C3 use class and created a C4 use class for HMOs’. We reported […]

Consultation Works

Where landlords of long leases (more than 21 years) wish to carry out works they must consult the leaseholders before they are entitled to a contribution towards these works. If the consultation process is not followed pursuant to s.20 Landlord and Tenant Act 1985 the landlord’s ability to recover monies is capped at £250 per […]

Potts –v- Densley & Pays Update

As advised on the 4th February 2011, PainSmith attended the hearing at the High Court today. There were 3 issues considered by the court, 2 of which were subsidiary and therefore not relevant for the purposes of this blog. The main issue before the court was, can the tenant sue for the usual penalties where […]

When is a Trial Not a Trial……

The first hearing of a possession hearing is not a trial and any order arising from it may be relatively easy to set aside.

New Generic Pre-action Protocol

The new generic pre-action protocol will come into force from 1 April and will need to be considered by anyone contemplating Court action.

Mortgage Possession- Tenants Notice

The 49th update to the Civil Procedure Rules comes into force on 6 April 2009. Part of the update amends rule 55 which governs possession actions and, particularly, amends the rules on mortgagee possession claims. Currently rule 55.10 requires that the mortgagee send a letter to the property addressed to ‘The Occupiers’ not less than […]