We eat ham and jam and spam a lot

Property guardian companies. Just when you think that most of the firms involved have managed some form of legality around their possession and eviction practices, they go and disappoint you. Way back in 2012, we noted the widespread failure of property guardian firms to adhere to the requirements of the Protection from Eviction Act 1977 […]

Vulnerability, ‘significantly’ and equality duties

S Butt v London Borough of Hackney. County Court at Central London. 22 February 2016 (PDF of judgment) This was another in a number of county court judgments on section 204 Housing Act 1996 appeals which turned on the question of vulnerability after the Supreme Court decision in Hotak. (Others are here and here). In […]

‘Solicitor’s agents’ and rights of audience again

We had a look at this issue many years ago, and now, with thanks to Gordon Exall at Civil Litigation Brief, there is information on a county court case on the point. This is of significance, and potential use, as the appearance of ‘solicitor’s agents’ for advocacy in mortgage possession claims and in private possession […]

Job Ads: S London & Leeds

Lambeth Law Centre Vacancy for Housing Solicitor / Housing Team Leader  Lambeth Law Centre are looking for an experienced housing solicitor to join our dynamic team to provide high quality legal advice and representation to the people of Lambeth.  Our housing casework is largely LAA funded work with some advice work funded by Lambeth Council. We […]

Short term lets and private residences

Nemcova v Fairfield Rents Ltd [2016] UKUT 303 (LC) We’ve seen a First Tier Tribunal case on breach of lease by use of the property for short term lets through Airbnb. Here the Upper Tribunal weighs in on the significance of lease covenants for short term letting use. The question was an  ostensibly simple one: […]

Circumstances and consequences. Accommodation pending appeal.

Our thanks to Garden Court chambers and Justine Compton for their note of this case. Where a homeless application has requested a s.202 review of the local authority’s decision on duty, the authority has a power, but not an obligation to provide temporary accommodation. The same is true for accommodation pending appeal. The local authority […]

Job Ads. E, SE & N London

Burke Niazi Solicitors is seeking to recruit a newly qualified solicitor/experienced paralegal to join their Housing department at the South London office in Catford. Other property experience is an advantage. Salary according to experience. Apply with covering letter and CV to harrietkaiser@burkeniazi.com Closing date – 27th September 2016. No agencies. Website – www.burkeniazi.com   Are you passionate about […]

A compendium of vulnerability cases

Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability. Ward v LB Haringey. County Court at Central London. 22 Feb 2016 (not available […]

Job Ads. London N & S

Network Homes Network Homes are recruiting into their newly created in-house Legal Services team, with two positions for Solicitors which will be key in developing the service. One is for a Solicitor with a strong background in Housing, and Landlord and Tenant Law, whilst the other will focus on Leasehold, Conveyancing and Development. This is […]

Weekend Miscellaneous

Various bits and pieces on subletting and homelessness. (Edited 15 September 2016 This post originally went into detail about an article on Property 118 setting out a Rent to Rent arrangement where the rent to rent tenant would have an assured shorthold tenancy with a ‘deed of assurance’ . The article author has acknowledged that […]