A Thursday stuffed with housing stuff

A busy Thursday for housing law, not yet law, housing benefits and housing misc. Item one.  A Scottish Upper Tribunal is to hear a room size appeal on 18 September. This is one of the first Fife decisions. It is not the lead case in the English Upper Tribunal and may well be the first […]

Landlord Immigration Checks from 1 December

The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014. The areas are Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. The requirement will come in to force in those areas on 1 December 2014, with other areas to follow at unspecified dates in 2015. The equipment will […]

On the Naughty Step: Incredible Landlords and the buzzy DCLG

It is hard for a civil servant, with a predisposition to reticence, obfuscation and paper, to know what to do in an age where ‘amazeballs’ and ‘bedroom tax’ have entered the Oxford English Dictionary, and even the dictionary is only available online. How, the poor bewildered apparatchiks wonder, can we get a message across in […]

Spencer v Taylor- Some Analysis

We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised. As the solicitor acting for the landlord in the Supreme Court I have had the chance to see […]

Article 8 and the Private Sector-the Court of Appeal Speaks

In McDonald v McDonald & Anor [2014] EWCA Civ 1049, the Defendant held an assured shorthold tenancy of a property in Witney, Oxfordshire. The tenancy was granted by Ms McD’s parents in breach of the terms and conditions of a mortgage agreement with Capital Homes Ltd (they had not sought the company’s permission to let the […]

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 […]

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 […]

The UT Repays Again

Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller (which we wrote about here). Background Mr Fallon had been convicted of operating a property without […]