Covering Letter with Notice

When serving a notice in anticipation of possession proceedings (section 21, section 8 or notice to quit) you should never enclose a covering letter with the notice. In Mundy v Hook (CC (Bromley)) County Court (Bromley) [1997] C.L.Y. 3246, the landlord had served a...

Adjournment, suspension and stay possession proceedings

A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and postponement of possession. Accelerated...

Postpone possession up to 6 weeks

If a tenant wishes to postpone the date for possession, they may ask the court for up to six weeks if exceptional hardship would be caused under section 89 Housing Act 1980. In addition, the court may not hold a hearing to determine exceptional hardship at any time on...
It Was Never Like This Before …

It Was Never Like This Before …

I am doing some research for a member on a case where the service of the notice is in question which is requiring the reading of many transcripts. I found a little comment rather amusing that I thought worthy of sharing (emphasis added by me) … “…...

Missing Prescribed Information

Baafi v Mapp Central London County Court 24 June 2010 The landlord had served a section 21 notice and commenced possession proceedings. The claim was defended by the tenant on the basis that the prescribed information required by the The Housing (Tenancy Deposits)...

Break Clause

What is a break clause? Sometimes a fixed term tenancy agreement can contain a clause which brings the fixed term to an end early. For example, you might have a one year fixed term with a break clause that states the fixed term may be brought to an end by notice after...