In default of a defence
Stevens, David
In default of a defence - 2005 - Estates Gazette (0538) 24 September 2005, 137(1) .
Considers the new power available to landlords to apply to the court for possession pursuant to the Landlord and Tenant Act 1954 s29(2) rather than wait for the tenant to apply for a new tenancy. Such an application is made pursuant to CPR 7 meaning that a tenant must file an acknowledgement of service and a defence. Discusses "Standard Life Investment Funds Ltd v Speciality Retail Group plc" unreported, which explores the issue whether a landlord can obtain judgment in default if the tenant fails to file the above documents and where the judge granted probably the first default judgment in these kind of proceedings.
LANDLORD AND TENANT ACT 1954 S29(2)
STANDARD LIFE INVESTMENT FUNDS LTD V SPECIALITY RETAIL GROUP PLC
CIVIL PROCEDURE RULES PART 56
CIVIL PROCEDURE RULES PART 12
CIVIL PROCEDURE RULES PART 7
LANDLORD AND TENANT ACT 1954 S29(4)(A)
In default of a defence - 2005 - Estates Gazette (0538) 24 September 2005, 137(1) .
Considers the new power available to landlords to apply to the court for possession pursuant to the Landlord and Tenant Act 1954 s29(2) rather than wait for the tenant to apply for a new tenancy. Such an application is made pursuant to CPR 7 meaning that a tenant must file an acknowledgement of service and a defence. Discusses "Standard Life Investment Funds Ltd v Speciality Retail Group plc" unreported, which explores the issue whether a landlord can obtain judgment in default if the tenant fails to file the above documents and where the judge granted probably the first default judgment in these kind of proceedings.
LANDLORD AND TENANT ACT 1954 S29(2)
STANDARD LIFE INVESTMENT FUNDS LTD V SPECIALITY RETAIL GROUP PLC
CIVIL PROCEDURE RULES PART 56
CIVIL PROCEDURE RULES PART 12
CIVIL PROCEDURE RULES PART 7
LANDLORD AND TENANT ACT 1954 S29(4)(A)