The following Local Government 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 and Coronavirus (COVID-19)—social housing tracker.
The remedies open to social landlords to combat nuisance tenants or those involved with crime have gradually been extended by a series of reforms since the 1985 and 1988 Housing Acts were originally passed. Powers include various forms of injunction and anti-social behaviour order, these powers are streamlined under the Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).
For more information on these wider powers to control behaviour and close premises, see Practice Notes: Anti-social behaviour—powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014 and Anti-social behaviour—powers to close premises under the Anti-social Behaviour, Crime and Policing Act 2014.
The most conventional form of remedy for a landlord though remains the threat of possession and eviction. The grounds open to landlords to pursue
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This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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