The following Property Disputes practice note 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.
This Practice Note explains the different methods of termination by landlords and tenants of assured tenancies (AT) and assured shorthold tenancies (AST), in particular by landlords under HA 1988, ss 8 and 21, including the requirements in respect of serving a notice of possession and evidencing any grounds relied on, the court procedure for possession (depending on whether section 8 or section 21 is relied on) and enforcement of the possession order if required. For information regarding granting AT and ASTs see Practice Note: Assured and assured shorthold tenancies—granting.
Listed below are the definitions of terms which are particularly relevant for the purposes of this Practice Note:
Assured tenancy (AT): was the main form of private residential security of tenure from 15 January 1989 until 27 February
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