The following Local Government practice note Produced in partnership with Karl King of Harwicke 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.
This Practice Note explains that under the Housing Act 1985 (HA 1985) a landlord seeking to obtain possession of a property let on a secure tenancy must obtain a court order, and that the method differs depending on whether the tenancy is fixed-term, periodic or flexible. It sets out the rules relating to the Notice of Seeking Possession (NSP) that must be served on the tenant and the grounds for possession.
There are various ways that a secure tenancy can be ended, and the landlord obtain possession. A secure tenant can end the tenancy by service of a notice to quit or by surrender. Otherwise, a landlord seeking to obtain possession of a property let on a secure tenancy must obtain a court order. The secure
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