Bits of news and things to respond to.
Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are...
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Broken windows and temporary repairs.
Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC) I’m not going to go into great detail on this case, despite its various enticing complications – an iconic new Manchester...
View ArticleGetting a policy wrong – Housing Act 2004 enforcement in Hull
Humber Landlords Association v Hull City Council (2019) EWHC 332 (Admin) (not on Baiili yet, copy of the judgment here). There are many unfortunate ways for claimants to lose a judicial review. But...
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Forthcoming…
In case you needed reminding (and don’t worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our...
View ArticleOf new tenancy terms and unfortunate neologisms
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then....
View ArticleGame of forfeits
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately...
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The worst Part VII homeless decision ever?
There are bad homeless decisions by local authorities. We’ve all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting...
View ArticleSecond possession orders and estoppel
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring...
View ArticleProperty Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted ‘powers that be’ have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of...
View ArticleOut of time homelessness appeals – trying to find representation not good...
London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) Mr Ahmed had applied to Tower Hamlets (oddly named as ‘Hamlets’ in the reported judgment) as homeless. A decision that he was not in priority...
View ArticleAin’t no going back – revisiting previous homeless decisions
Godson v London Borough of Enfield (2019) EWCA Civ 486 This is a rather odd second appeal, brought by Mr Godson in person. The brief facts were that Mr G was in temporary accommodation after Enfield...
View ArticleI Hate Those MEESes to Pieces*
Introduction 1st April 2019 saw the introduction of the significantly amended Minimum Energy Efficiency Standards (MEES) for private sector landlords. These provisions have been delayed several times...
View ArticleLandlord’s access and actually turning up
New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC) What counts as ‘refusing access’, where a landlord has...
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Ending duties after the HRA
R (OAO Harris) v London Borough of Islington. High Court (Admin) CO/1282/2019 (unreported, settled March 2019.). This is a settled judicial review, I’ve seen the grounds, interim order and final...
View ArticleHomelessness – capacity to apply
R(Uddin) v Southwark LBC (2019) EQHC 180 (Admin) (Not on Bailii. We’ve seen a copy of the judgment. Also reported in the March 2019 Legal Action Housing: recent developments). Mr U is a single man. In...
View ArticleThe wrong doctors
R(Al-Ali) v Brent LBC (2018) EWHC 3634 (Admin) (not on Bailii. We have seen a judgment and it is also reported in March 2019 Legal Action Housing: recent developments). There is, I think little of...
View ArticleThe End of Section 21
I’d suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this,...
View ArticleWhen is a licence a secure tenancy?
Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but...
View ArticleBut, it’s a long, long while…
Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors (2019) EWCA Civ 692 Regular readers will remember the judicial reviews of Hillingdon’s allocation policy...
View ArticleProhibition Orders and ending tenancies
T v W. County Court at Central London. 16 April 2019 (Unreported) T was the owner of a property. The property was subject to a prohibition order served by LB Croydon. Nonetheless, T let a dwelling in...
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