Author Archives: Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +

Job Ads

Brixton Advice Centre

Who We Are:

Brixton Advice Centre provides free, independent legal advice in debt and housing matters to the residents of Lambeth and the surrounding boroughs. Particularly we deal with people facing unmanageable debt, eviction, homelessness, possession proceedings or serious disrepair. We also provide generalist, one-off advice and support in welfare benefits, debt and family issues.

We are partly-funded by the Local Authority and various other charitable projects and we have a Legal Aid contract and Specialist Quality Mark for housing matters. We also have outreach projects at Brixton Prison and at Brixton and Vauxhall Foodbanks.

We are open to the public Monday-Thursday 10am – 4pm and offer … Read the full post

Posted in Uncategorized | Tagged | Leave a comment

The point of having policies….

A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I’m working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript.

Peabody Trust v Steven Evison (By his litigation friend) Wandsworth County Court 17 July 2014.

Mr E was the assured tenant of Peabody. He had been since after 2000 (date not clear from the note), but had lived in the property since 1981, when his father took the tenancy from Peabody, so had lived there for 33 years.

In 2012, Mr E’s rent account … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All, Possession | Tagged , , | Leave a comment

Missing tenants and missing sentences: Council tax and periodic tenancies

Further to my post here on council tax liability for statutory periodic tenancies, I have heard about another Valuation Tribunal case, this time involving a contractual periodic tenancy, and also oddly involving this blog.

The issue was council tax liability for a period where a tenant had left a property before the tenancy was ended and the tenancy was a contractual periodic. The tenancy agreement specified a 12 month fixed term followed by a monthly periodic.

The Council, Shropshire Council (to whom we will return below) considered that this meant that the landlord was liable for the Council tax for the relevant period, as per CT v Horsham District Read the full post

Posted in Assured Shorthold tenancy, Housing law - All | Tagged | 1 Comment

Spencer v Taylor – section 21 news

The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law.

This means that the Court of Appeal decision stands. Where an assured shorthold tenancy has had a fixed term and a statutory periodic tenancy has arisen, there is no requirement to use a s.21(4)(a) notice, or have a date of expiry at the end of a period of the tenancy. A section 21(1)(b) notice with two clear months notice is adequate.

Where a tenancy was periodic from the start, or where … Read the full post

Posted in Assured Shorthold tenancy, Housing law - All, Possession | Tagged | 5 Comments

Pyrrhic victory corner: Costs on appeal from a small claim

Akhtar v Boland [2014] EWCA Civ 943

Just a quick note on this one, after a conversation with a colleague reminded me I hadn’t written it up.

The details of the case need not detain us, it was a PI case which had been allocated to the small claims following admissions by the Defendant. The Claimant appealed on the basis that it should have been allocated to the fast track, and then appealed to the Court of Appeal. The appeal was unsuccessful in the Court of Appeal. The Defendant sought its costs of that appeal.

The Court of Appeal notes the CPR provisions:

CPR 27(14) provides, so far as relevant:

Read the full post
Posted in Housing law - All | Tagged , , , | Leave a comment

Reforming a bad policy, badly.

There has been a lot of noise about the Lib Dem’s change of position/u turn on the bedroom tax announced on Wednesday. Out of that noise, it has been possible to glean a little detail about what Nick Clegg, Danny Alexander and the Lib Dem leadership are proposing as their position. In particular, this Channel 4 news interview with Danny Alexander repays watching. (Apart from the fact that it is a spectacular car crash, in which Danny Alexander tries and fails to cope with the point that everyone knew, before the bedroom tax was introduced, what the effects would be, so trying to rely on the ‘now we know’ DWP … Read the full post

Posted in Housing law - All | 5 Comments
css.php