Bits and pieces
Yes, I know we still need to write up Rother District Council v Freeman-Roach (2018) EWCA Civ 368 on the approach to ‘significantly more vulnerable’ in homeless review decisions, and we will, we will....
View ArticleHow late it was, how late
On the death of a tenant (without successor, if there is a possible succession) section 18 Law of Property (Miscellaneous Provisions) Act 1994 provides: “Notices affecting land: service on personal...
View ArticleOn a Housing Court and (not) making things simpler.
A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since...
View ArticleDeposits – don’t fake compliance. And the multiple breach issue
Thank you to my colleague and fount of wisdom Deirdre Forster for this case note on a tenancy deposit claim. Howard Davies v Scott, County Court at Clerkenwell & Shoreditch, 18 January 2018 In...
View ArticleMore vulnerability
Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals. Mr...
View ArticleErrata – AST regulations and non-existent requirements.
Yes, there is indeed a backlog of cases to write up, covering issues from who pays for cladding removal, through Tribunals and the Human Rights Act, to the proper venue for a claim for accommodation...
View ArticleClik here to view.
The costs of dangerous cladding – leaseholders position
First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with...
View Article‘Things not to do’ corner – Deposit protection counterclaim edition
Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by...
View ArticleAccommodation pending Appeal – where to appeal a refusal?
Davis v Watford Borough Council (2018) EWCA Civ 529 A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance. Usually when a...
View ArticleBedroom Tax – the powers of the Tribunal and a sufficient chest of drawers
Two bedroom tax related decisions – the first of which is a decision of widespread import on the powers (or lack thereof) of the First Tier Tribunal. The Secretary of State for Work And Pensions v...
View ArticleCouncils behaving badly – Part whatever
With grateful thanks to Housing: Recent Developments in March 2018 Legal Action comes this report of a county court case for unlawful eviction. What makes it slightly unusual is that the perpetrator...
View ArticleCapacity and applications: Homelessness
Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its...
View ArticleAutomatic discharge of suspended possession order – it depends
Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a...
View ArticleBits – tenant fees, airbnb and more
The Tenant Fees Bill is now underway. The first reading was on 2 May 2018. The Bill page is here. The Govt response to the CLG select committee report on the proposals is here. Notable in the the Bill...
View ArticleClik here to view.
On the Naughty Step –‘Accommodation Clubs’
To misquote Groucho Marx, you really don’t want to belong to any such club that would have you as a member. I’ve been hearing about these set ups for a while. They seem to be the latest thing in bloody...
View ArticleCourt of Appeal on illegal eviction – quantum and heads of claim.
Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant’s appeal. But that is what we have here. There are some...
View ArticleHeavy handed, inaccurate threats of legal action – Metropolitan HT harass...
Worthington & Anor v Metropolitan Housing Trust Ltd (2018) EWCA Civ 1125 The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against...
View ArticleForthcoming law (and informed consent)
The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new...
View ArticleToo soon?
Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing...
View ArticleDamages for badly performed homeless duties?
Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s...
View Article