Stay of possession claims (likely) to be extended

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    Stay of possession claims (likely) to be extended

    Growing speculation / reporting based on unquoted inside sources on Twitter since last night that the stay on possession claims will be extended.

    Latest appears to be a general stay to at least 20 September, which would then give time for parliament when it's sitting again to legislate for a more targeted suspension (i.e. to allow some type of cases but not others).
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    #2
    Just about to post the same thing.

    Think 20th September now confirmed and will be another new version of Part 55 of the Civil Procedure Rules.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Oh joy. What fun.

      Comment


        #4
        And confirmed, even if the Master of the Rolls is a tad ticked off by the last minute direction of it.

        https://twitter.com/mikey_the_geek/s...90077532758017
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          My expectation is that the delay is to allow for some new legislation which will allow some types of eviction and keep the suspension for the rest.
          There's no benefit in a month's delay, otherwise.

          I'd advise anyone using the s21 accelerated procedure to try and evict tenants owing rent to look at the other options available as a back-up.
          That's a fairly obvious candidate for a politically appealing continuation of the suspension.

          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Rumours everywhere that England will follow Wales and Scotland and make all notice terms a minimum of 6 months.

            Serve notice if you can before 1st September, when Parliament resumes.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Rumour confirmed
              https://www.gov.uk/government/news/j...notice-periods

              I know this year has been challenging and all of us are still living with the effects of COVID-19. That is why today I am announcing a further 4 week ban on evictions, meaning no renters will have been evicted for 6 months.

              I am also increasing protections for renters – 6 month notice periods must be given to tenants, supporting renters over winter.

              However, it is right that the most egregious cases, for example those involving anti-social behaviour or domestic abuse perpetrators, begin to be heard in court again; and so when courts reopen, landlords will once again be able to progress these priority cases.
              Robert Jenrick
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Well that all moved very fast!
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                  #9
                  Originally posted by jpkeates View Post
                  Well that all moved very fast!
                  Faster than tenants will be moving anytime soon I guess...

                  Comment


                    #10
                    I honestly have a feeling that when the time finally comes and possession claims are once again allowed, that they will have gotten rid of Section 21. They can get the law in place before the current stay is up and there will be nothing we can do about it.

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                      #11
                      Originally posted by ChrisDennison View Post

                      Faster than tenants will be moving anytime soon I guess...
                      Or paying their outstanding rent !!! I do not have tenants in arrears but have a feeling of impending doom with all this, the long term effect of this will be less landlords.

                      Comment


                        #12
                        Precautionary section 21's?

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                          #13
                          Originally posted by boletus View Post
                          Precautionary section 21's?
                          I suspect that if too many did that, the government would stamp down on it and retroactively cancel them all.

                          Comment


                            #14
                            Really just showing me the powers that be have little idea how to handle a crisis such as this. If this had been done without the previous annoucements that courts would reopen in August then I might have felt different, but it's all feels a bit hand to mouth.

                            And I'm suprised there is no legal recourse to receive monies from the establishment setting these rules which were not in place when tenancies were created

                            All the best

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                              #15
                              Originally posted by Stew View Post
                              And I'm suprised there is no legal recourse to receive monies from the establishment setting these rules which were not in place when tenancies were created
                              Human Rights Act article 1.
                              Protection of property.

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