Two new pre-action Housing Protocols introduced: Social Possession and Housing Conditions

Two new pre-action protocols were introduced on 13 January 2020. These were a new and revised pre-action protocol for possession claims by social housing landlords and a new pre-action protocol for housing condition cases in England. The new Pre-Action Housing Condition Protocol brings small changes to fully incorporate the Homes (Fitness for Human Habitation) Act […]

Applications for relief from forfeiture can extend to licences

The recent decision in The Manchester Ship Canal Company Ltd v. Vauxhall Motors Ltd [2019] has expanded the Court’s jurisdiction to grant relief from forfeiture to licences deemed to give rise to possessory rights over land. The Facts Vauxhall Motors has a factory at Ellesmore Port, Cheshire, on the banks of the Manchester Ship Canal. […]

Receivers can issue possession proceedings against borrowers

The High Court has recently confirmed that receivers appointed over individual borrowers can issue possession proceedings against those borrowers. Until now there has been no conclusive authority on this point upon which receivers, lenders and borrowers could rely. Menon v Pask [2019] EWHC 2611 (Ch) The case itself stemmed from familiar facts. Mr and Mrs […]

The eviction process

To lawfully obtain possession of residential property where the tenant has not voluntarily vacated (or surrendered possession), you will require a Court order granting you possession. If the tenant does not vacate the property on the date provided in that Court order, you will need to instruct a bailiff to attend the property to lawfully […]