Friday, 29 January 2021

Flexible Tenancies: Landlords in Trouble

Between 2014 and 2018 an estimated 30,000 flexible tenancies were granted by local authorities. If a flexible tenancy has been granted to you, your landlord may well be frustrated in any attempt to get you out before the fixed term of the tenancy has come to an end. A judgment of the Court of Appeal in a case called Croydon London Borough Council v Kalongola [2021] EWCA Civ 77 has made it clear that without a so-called forfeiture clause in your tenancy agreement - you should check with a professional on whether you've got one - the landlord cannot bring the tenancy to an early end. And, even if there is a forfeiture clause in the agreement, there are certain technical steps the landlord would need to take before it could secure a court order for possession against you.

Croydon has been refused permission to appeal to the Supreme Court. It might seek permission from the Supreme Courts itself. We shall see.

Sunday, 10 January 2021

COVID-19: REPRIEVE FOR TENANTS

The majority of residential tenants due to be evicted from their homes have been granted a further reprieve in England until 21 February 2021. The reprieve is in the same terms, except for one important exception, as the last one: see  https://www.breakinglaw.co.uk/search/label/COVID-19   The exception is that evictions can go ahead where the tenant owed at least nine months' worth of rent which had been run up before 23 March 2020. That has now been reduced to at least six months' worth of rent. Tenants should give thanks to and landlords should curse The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15) which, unlike its predecessor, does not halt bailiffs' seizure of goods. Despite the reprieve, which also protects mortgage borrowers, possession proceedings may still be brought and possession orders may still be made by the court, although not enforced by a bailiff or High Court enforcement agent where the regulations apply.

For Wales, a similar, but not identical, reprieve has been granted by The Public Health (Protection from Eviction) (Wales) (Coronavirus) Regulations 2021 (SI 2021/12) and, just to be different, they have placed the name of the dreaded virus in a different place to England. The Wales regulations prevent evictions for a longer period until 31 March 2021 but must be reviewed earlier and so could be brought to an end earlier. They do not make an exception for cases where the arrears had reached six or nine months. 

Some crumbs for business tenants too. The paralysis on landlords being able to forfeit their leases or go into their premises to take them over where there are rent arrears has been extended from 31 December 2020 to 31 March 2021,  in England by SI 2020/1472 and in Wales by SI 2020/1456.