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Civil way: 14 May 2021

14 May 2021 / Stephen Gold
Issue: 7932 / Categories: Features , Procedure & practice , Civil way
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Late L&T notice change; appeal route in finance cases; case management disorder; on-road removal unlawful; summary judgment beats default.

NOTICE SURPRISE

The assured tenancy notice seeking possession in England in Form 3 has been amended as many times as the size of my jacket. The latest amendment is down to the Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021, SI 2021/518, and, despite their worthiness, they will be unwelcome to landlords who have just served in blissful ignorance and prefer not to be kicked when they are down. The regulations came into force on 4 May 2021 (which was a meagre six days after they were made) and are devoted to the debt respite moratoria which apply as from the same date (see ‘Civil way’, 170 NLJ 7914, p16; NLJ 26 February 2021, p14) and have hardly been an overnight sensation. The amendment is by way of inclusion of new guidance that the form should not be served in relation to a moratorium

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