District Heating and quantification of benefits
Strezovski and others v North Macedonia (App. Nos. 14460/16 and others) might not seem immediately relevant to readers. After all, housing law in North Macedonia is, I think we can safely say, quite...
View ArticleShort lets and breach of lease
A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease. City of Westminster v Madhukar Kothari LON/00BK/LBC/2019/0087 Mr Kothari had a...
View ArticleOh wouldn’t it be loverly?
All I want is a room somewhere Far away from the cold night air With one enormous chair Oh, wouldn’t it be loverly? Finally, a delayed look at the JUSTICE ‘Solving Housing Disputes’ report, which they...
View ArticleEmergency measures
Ahead of the government introducing the bill for emergency Coronavirus related measures later this week, Labour have published a draft bit of legislation which addresses the position of (most) renters...
View ArticleNo new possession claims (for at least 3 months)
The Government has just announced emergency legislation to do the following: Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least)....
View ArticleOf civil courts and public crisis
[update 19 March. This Message from the Lord Chief Justice to judges in the Civil and Family Courts has been sent out and published this morning. It emphasises the need to move to phone and video...
View ArticleEmergency Practice Directions for the FTT and UT
The Senior President of Tribunals has published two practice directions (19.3.20). They apply to all Chambers of the FTT and UT (‘tho readers of this blog are most likely to be familier with the...
View ArticleWorking on homes
As of today, 20 March 2020, section 9B(4) of Landlord and Tenant Act 1985 means that the section 9A ‘fit for human habitation’ obligation applies to all periodic and secure tenancies in England that...
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Law in the time of Covid – Court duty work
What follows is the text of a twitter thread by Simon Mullings (@spikemullings), a housing lawyer and duty scheme advisor, arising from events on a duty session for a possession list last Friday 20...
View ArticleEmergency legislation on possession claims
I’ve seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was...
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Throwing out the homeless – hotels and coronavirus
MHCLG have – to their credit – been quite clear about the position for some hotels – where they are providing room for the homeless by arrangement with a local authority, they should remain open....
View Article“highly misleading comments”
We have already commented here on the proposed protections in the Coronavirus Bill designed to implement the Government’s promise that there would be a “Complete ban on evictions and additional...
View ArticleDraft in haste… Coronavirus restrictions and homelessness
Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open,...
View ArticleCoronavirus – new forms 3 and 6A for s8 and s21
Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc). And there...
View ArticleAll housing possession claims suspended from 27 March – Coronavirus update.
(Update 27 March. For the details of the stay, see here on the new Practice Direction 51Z ) Well now, this is big (and also finally, it would seem, some clarity). According to this MHCLG press release...
View ArticlePractice Direction 51Z – to Stay Possession Proceedings
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master...
View ArticleWhere to go?
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v...
View ArticleWhat’s in an appeal?
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal...
View ArticleWhat a difference a PSED makes…
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to...
View ArticleNot a disciplinary stick – PSED and homeless reviews
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in...
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