The following Local Government practice note Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:
proceedings for possession
forfeiture of business leases on the grounds of non-payment of rent
a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods
service of various notices to recover possession of residential properties
practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
insolvency legislation of both a permanent and temporary nature
For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.
Assignment is the transfer of the interest in the tenancy to another person. Assignment of a secure periodic tenancy is prohibited except in three situations:
assignment by mutual exchange
assignment under property adjustment orders in connection with family/matrimonial proceedings
assignment to a person who would be qualified to succeed if the tenant had died immediately before the assignment
Any other purported assignment will be ineffective.
An introductory tenancy can only be assigned pursuant to a property adjustment order (as above), or to someone who would be qualified to succeed: there is no right to exchange. See Practice Note: Main differences—secure, introductory and flexible tenancies.
Assignment of an assured tenancy is prohibited unless the tenant obtains the landlord’s written consent. There is no requirement that the withholding of consent be
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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