Stay of possession claims (likely) to be extended

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    Nearly Legal has posted on Twitter that "an extra 200 district judges and Tribunal judges [are being assigned] to possession claims after 20 Sept".
    And that new guidance will be issued on Friday.
    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


      And we have a reactivation notice.
      https://www.gov.uk/government/public...rty-possession

      You can't use the forms before 20th September (and I'd probably wait until Monday 21st myself) and they are needed for all cases that began - and for which you have a claim number - before 3rd August 2020.

      And Note:
      If you believe that this case qualifies for priority consideration because of one or more of the following allegations you should indicate the allegation below and provide further information in the box below.
      ☐ Significant anti-social behaviour
      ☐ Extreme rent arrears accrued – at least 12 months’ rent or (in the case of a private landlord) 9 months’ rent if that is at least 25% of the private landlord’s income, as detailed in the box below
      ☐ Squatters, illegal occupiers or persons unknown
      ☐ Domestic violence where possession of the property is important (provide reasons
      in the box below, and confirm whether domestic violence agencies have been alerted) ☐ Fraud or Deception
      ☐ Unlawful subletting
      ☐ Abandonment, non-occupation or death of the defendant
      ☐ The property was allocated by an authority as temporary accommodation and is specifically needed for re-allocation as such
      ☐ Other (provide further information in the box on the next page)

      And be aware of:
      You are required to set out the knowledge you have as to the effect of the Coronavirus pandemic on the Defendant and their dependants. Please do so in the box below. This is very important. If you have no knowledge you could consider taking reasonable steps to find out before using this Notice.

      I suspect that any claims where there is no knowledge will either be given lower priority or even adjourned while the landlord makes enquiries.
      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


        What happens if the tenant refuses to give the landlord any covid info?

        Comment


          Originally posted by Berlingogirl View Post
          What happens if the tenant refuses to give the landlord any covid info?
          I would guess you could enter that as the reason for not having details, i am sure the courts have come across obstructive tenants before..... although a savvy tenant would lay it on thick with all manner of ailments that could be made worse by an eviction...... it is a golden opportunity for the feckless.

          Comment


            You can list all the contacts and the lack of response.
            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


              Originally posted by jpkeates View Post
              What really surprises me is that not court fee is payable for submitting this notice. Normally they would use every opportunity to fleece claimants a bit extra.

              Also a very interesting definition of 'extreme rent arrears' to be honest.

              Comment


                Originally posted by Berlingogirl View Post
                What happens if the tenant refuses to give the landlord any covid info?
                Landlords shouldn't ask their tenants for covid info. Its a special form of highly sensitive data that almost certainly won't be covered by their GDPR privacy notice.

                Comment


                  I wonder what they mean by "unlawful subletting" too. Subletting is likely to be a breach of most tenancy contracts but it wouldn't normally be unlawful. I wonder if they mean subletting to a group of sharers without an HMO licence, or to someone with no Right to Rent for example.

                  Comment


                    https://www.independent.co.uk/news/u...r-b447898.html

                    -
                    Labour is demanding the government perform an eleventh-hour U-turn and extend the eviction moratorium

                    -Again.

                    Comment


                      They want the ban to stay forever.

                      Comment


                        Originally posted by DPT57 View Post
                        I wonder what they mean by "unlawful subletting" too. Subletting is likely to be a breach of most tenancy contracts but it wouldn't normally be unlawful. I wonder if they mean subletting to a group of sharers without an HMO licence, or to someone with no Right to Rent for example.
                        Unlawful subletting means subletting that isn't lawful. Being in breach of contract is unlawful.

                        Comment


                          Originally posted by ChrisDennison View Post

                          Unlawful subletting means subletting that isn't lawful. Being in breach of contract is unlawful.
                          Yes of course it is. I dont know what I was thinking.

                          Comment


                            Originally posted by boletus View Post
                            [URL="https://www.independent.co.uk/news/uk/politics/uk-eviction-ban-coronavirus-renting-robert-jenrick-labour-b447898.html"]https://www.independent.co.uk/news/u...r-b447898.html
                            Whenever the newspapers find people to interview about an issue, as well as being impacted by the issue, someone always has "mental health issues".
                            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


                              Originally posted by jpkeates View Post
                              Whenever the newspapers find people to interview about an issue, as well as being impacted by the issue, someone always has "mental health issues".
                              Maybe one leads to the other?

                              But the article says:

                              With just six days remaining until courts can once again begin procession proceedings, shadow housing secretary Thangam Debbonaire warned of a “cliff-edge” facing thousands in the rental sector.
                              WTF are procession proceedings anyways? Sounds like clerical law to me, not civil law...

                              Comment


                                Originally posted by Perce View Post
                                They want the ban to stay forever.
                                I am sure there are many thousands of hard left thinkers who would love all the LL's to house the great unwashed/feckless/scammers totally free of charge...... which is why the PRS is doomed in the long term for small investors like myself, its a slippery slope and their hard socialist thinking will be the end of it for a lot of us.

                                Comment

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