How the other half live
Eclipse Film Partners v HMRC [2016] UKSC 24 has almost nothing to do with housing law. It was an appeal from the First Tier Tribunal (Tax Chamber), via the UT (TCC) and the CA. It wasn’t even about the...
View ArticleDownloads and conflicts
A couple of notes from the weekend. I’ve updated the downloadable PDF files for homelessness and possession posts to include 2014 to now. I’ve also added all disrepair posts from 2006 to now as a new...
View ArticleMoney down the drain
Court v Van Dijk & Anor [2016] EWCA Civ 483 Nuisance cases are tricky. There is a lot to establish for causation, for liability and for loss. This case is perhaps a cautionary tale about the need...
View ArticleProtect My Money
The Housing and Planning Act 2016 is finally here although it will probably not be in force until early 2017. One of the late amendments to the Act finally introduced compulsory client money protection...
View ArticleGot needs that need assessing
Smajlaj, R (on the application of) v London Borough of Waltham Forest [2016] EWHC 1240 (Admin) What is the extent of the duty under section 192 Housing Act 1996? This duty, owed to those who are...
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And the first shall be last
An accidental chain of tenancies, in which only the very first was left standing. London Borough of Haringey v 1) Hansa Ahmed & 2) Shaheeda Ahmed [2016] EWHC 1257 (Ch) (Not on Bailii yet, we’ve...
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Validity of section 21 notices – a flow chart
Don’t ask me why, in a moment of idleness, I foolishly thought I would do this, but I did… The validity of section 21 notices (or technically, when one can be served) became simultaneously more...
View ArticleGatekeeping special
This has been quite a week for issues about Local Authorities gatekeeping homeless applications coming to the fore. This post addresses practices and policies of three councils. Eastbourne BC, LB...
View ArticleFrom the County Courts – deposits, evictions and introductory tenancies
Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction....
View ArticleStay of execution and change of circumstances
Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016 (Not on Bailii – Lawtel note of extempore judgment) The Elias, mother and son, applied for a stay...
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Don’t believe the hype – a subletting site
Purely by coincidence, someone brought a tweet and linked article by @unleasehello to my notice: (Screenshot because now deleted) Here is the linked article on Unlease.io (And screenshot in case of...
View ArticleWhen is a deposit returned? Once more with confusion
Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County...
View ArticleYes but No – Article 8 and the private sector
McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8...
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Rent increases and rent lawfully due
This is a guest post by Prof. Ian Loveland of Arden Chambers, first published in Legal Action June 2016, and gratefully posted here with permission. A few years ago now, I was instructed by Luton Law...
View ArticleConditions of repentance – SPOs
City West Housing Trust v Massey [2016] EWCA Civ 704 When considering a suspended possession order, how should the judge exercise their discretion where the tenant’s evidence has been disbelieved, in...
View Article(Not) Normal service
Yes, I know we are a bit behind. For example, Willow Court Management Company (1985) Ltd v Alexander [2016] UKUT 290 (LC) on FTT Rule 13 costs, Hoyte, R (on the application of) v London Borough of...
View ArticleWrong warrants? Issues in N325 compliance
This is a guest post by Jonathan Holt of Garden Court North Chambers. GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those...
View ArticleGetting Noticed
With NL away on his summer holidays I have picked up the Supreme Court judgement in Edwards v Kumarasamy [2016] UKSC 40 The case of Edwards v Kumarasamy has now seen a final decision from the Supreme...
View ArticleFacing the Facts
R (on the application of Hoyte) v London Borough of Southwark [2016] EWHC 1665 Admin is a useful decision of the High Court on the subject of repeat homelessness applications. Ms Hoyte is a 58 year old...
View ArticleOf online courts and unified enforcement
Lord Justice Briggs’ final Review of the Civil Court Structure has been published. The main part of the report is of course the proposals for the new ‘online court’ – a costs free and litigant in...
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