Category Archives: FLW article

Disrepair – counterclaims after possession order.

Here is an interesting prospect* (and a big tug of forelock to Beatrice Prevatt at Garden Court for the initial suggestion).  Can a counterclaim for disrepair be brought after a possession order is made?

Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.

Rahman v Sterling Credit Ltd [2001] 1 WLR 496 [Read the full post

Also posted in assured-tenancy, Disrepair, Housing law - All, Possession, secure-tenancy | | Tagged , | 16 Comments

Minimum Space (standards)

This is a post by Alan Richards, a journalist and blogger on legal matters, financial affairs, politics and economics, who blogs at Alrich.  We are happy to add it to the blog, dealing as it does with size standards for housing, both social and private.

Anyone hoping the Government’s announcement that it is bringing in national minimum space standards for homes will ensure decent-sized housing from now on will be sadly disappointed.

The Department for Communities (DCLG) has confirmed it will bring in such a standard  – but the small print indicates it will be rarely applied. In fact the “national space standard” is no standard at all. Instead … Read the full post

Also posted in Housing law - All, Regulation and planning | | Leave a comment

A game of forfeits

The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely about how they were created and how they were terminated at the end of the fixed term (there was also this CPDCast. Which may or may not still be free).

Now, given that they exist, and given that people will do things like get into arrears or cause a bit of a nuisance, before the end of their fixed term, it is time to have a look at how flexible tenancies can be ended during … Read the full post

Also posted in Housing law - All, Possession, secure-tenancy | | Tagged | 2 Comments

Bedroom tax notes, only just out of date.

I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2014] EWCA Civ 156. Then I tried to cover the 1996 exemption and what was happening in the First Tier Tribunals and Upper Tribunal.

As an overview of what has happened and where we are on the bedroom tax in the tribunals, I thought the notes might … Read the full post

Also posted in assured-tenancy, Benefits, Housing law - All, secure-tenancy | | Tagged | 1 Comment

Moving places

I was reading the report from the Senior President of Tribunals (here) and came across some interesting little bits:

(a) The President of the Lands Chamber in his report notes that he now has a power to make a protective costs order in cases where there is a significant disparity in resources between parties – does anyone know where this power comes from? I confess that I’d not heard of it.

(b) The Lands Chamber is moving buildings in 2014 as well – it’ll have a permanent home in the Royal Courts of Justice.

(c) The President of the FTT(PC) notes that her Tribunal received 10,311 “residential property” … Read the full post

Also posted in Housing law - All, Leasehold and shared ownership | | Leave a comment

So, do you come here often?

The DCLG has just published new guidance (available here) on promoting mutual exchange. This is, we are told, an under-used process which can bring happiness and joy to landlords and tenants. For the latter, it is a more realistic option for securing a move than waiting for a transfer and can also help tenants be closer to friends, family and social and healthcare facilities (interesting, being closer to work or educational opportunities isn’t mentioned, which is odd given that the government wants to introduce a “right to move” for such purposes; perhaps they forgot their own policy?). For landlords, it helps with efficient use of stock and … Read the full post

Also posted in Housing law - All | | 3 Comments