If you are a landlord and have outstanding possession proceedings which were subject to the stay under Practice Direction 51Z and CPR 55.29 (‘the stay’) you may be wondering what comes next following expiry of the stay on 20 September 2020. This briefing note details how landlords can reinstate their possession claims and what requirements you need to comply with.
Our dedicated team has over 25 years’ experience of handling property related disputes for national housebuilders, niche developers, social housing providers and letting agents.
The emergency measures to protect business tenants as a result of Covid-19 are fast changing (see our recent alert here).
It is critical to assess the effectiveness, proportionality and reasonableness of any proposed action carefully on a case-by-case basis and in light of the most recent information and developments.
Our specialist Property Dispute lawyers can give up-to-date advice to both commercial landlords and tenants considering their next steps in these exceptional times.
Please call us on 01753 876 800.
We are highly regarded in the industry and understand the commercial issues faced by our clients. We are recognised by them for providing straightforward and practical advice. Caroline Cowley leads the team and regularly appears in the Chambers Guide to the Legal Profession.
We are dedicated to ensuring that the most efficient and cost effective resolution is found in each case brought to us. We do this by using a range of alternative dispute remedies to avoid litigation where possible. However, if litigation cannot be avoided, we will handle your case through the Court process with strength and expertise.
Advising a Large National House Builder
We issued High Court proceedings and successfully negotiated the settlement of a multi-million-pound dispute relating to the interpretation of an option agreement. Our client (a national house builder) was paid a seven-figure sum as part of the settlement.
Adjudication in respect of a Construction Contract
We dealt with an adjudication concerning the interpretation of a construction contract on a significant development. We successfully defended proceedings brought by a sub-contractor.
Achieving Possession for Redevelopment
We obtained vacant possession of numerous residential properties to enable a large redevelopment to take place.
Advising on Overage Payments
We advised a large national house builder in respect of a dispute over the calculation of an overage payment in a land contract relating to a significant development. The dispute involved complex technical issues. There was a significant six figure sum involved. We helped our client achieve a settlement and so avoid costly, risky litigation.
Opposing Lease Renewals
We helped a developer client secure vacant possession of commercial premises to allow the redevelopment of an industrial site in North London. The redevelopment provided 160 new dwellings and commercial properties for the local area. Our work included helping our client terminate commercial leases and defeat claims by the tenants for new leases.
Sharples v Places for People Homes Ltd and Godfrey v A2Dominion Homes Ltd
We acted for a social housing provider on a landmark conjoined Court of Appeal case which confirmed that a landlord could recover possession of a property based on rent arrears which are subject to a Debt Relief Order.
BDW Trading Limited v JM Rowe (Investments) Limited  EWCA Civ 548
Successfully acted for Barratt Homes at trial and on appeal in respect of a conditional contract for development
- Development Agreement and Land Contract Disputes
- Overage Claims
- Disputes on Section 106 Agreements
- Nomination Agreements
- Restrictive Covenants and Easements
- Rectification of Defects
- Customer Care Issues
- Environmental Claims
- Criminal Proceedings for Nuisance and Abatements Notices
- Lease Renewals/Extensions
- Right to Manage
- Disputes on Construction Contracts
- Possession Claims for breach of Tenancy/Lease
- Rent and Service Charge Arrears
- Section 21 Proceedings
- Termination of Business Tenancies/Leases
- Housing Management
- Leasehold Management
- Anti-Social Behaviour Injunctions
- Gas Safety Injunctions
- Access and breach of Tenancy/Lease Injunctions
- Social Media Injunctions
- Injunctions against Persons Unknown
- Court and Tribunal Proceedings