STAY ON POSSESSION PROCEEDINGS EXTENDED
The stay on possession proceedings was due to come to an end on 25 June 2020 but the Government has now extended it until 23 August 2020. Possession proceedings and warrants of possession can still be issued but will then be subject to an automatic stay. Whilst the Court has power, as very recently confirmed, to lift a stay, it would have to be exceptional circumstances that persuaded the Court. Once again, to reflect the previous stay, claims against trespassers, proceedings for interim possession orders and claims for injunctive relief are excluded.
LATE PROVISION OF GAS SAFETY RECORDS and SECTION 21 NOTICES
We were eagerly awaiting the Court of Appeal decision in the case of Trecarrell Housing v Rouncefield which was handed down on 18 June. The issue that the Court of Appeal had to decide was whether or not a landlord was precluded from serving a Section 21 Notice where a valid gas safety record had not been provided to the tenant at the outset of the tenancy. The County Court had held that a Section 21 Notice could not ever be served in such a situation. However, the Court of Appeal has come to the landlords’ rescue by stating that this defect can be remedied if served after the commencement of the tenancy. The Judgment is rather complex and there are some unanswered questions but this decision is certainly good news for landlords up and down the country.
CLADDING – THE NEXT STEPS
In March 2020 the Government launched an Inquiry into progress that had been made to deal with dangerous cladding in high rise and high risk buildings. The Inquiry has concluded and states that there are still 2,000 high risk residential buildings which have dangerous cladding. Estimates for remedial works will cost up to £15 billion. The report has proposed that the Government should compel works to be started by December 2020 and in default, for those buildings to be compulsorily purchased by the Government.
Should you have any queries regarding any of the above, please do not hesitate to contact Simon Braun on 01582 466163 or by email at s.braun@pmsolicitors.co.uk