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In default of a defence

By: Language: English Series: Estates Gazette ; (0538) 24 September 2005, 137(1)Publication details: 2005Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L131126 (Browse shelf(Opens below)) 1 Available 131126-1001

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.