Archive for the 'Assured Shorthold tenancy' Category

To let or not to let

By SJM on 08/12/2011. 1 Comment

An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows:

M approached MVDC with a view to letting her property in Dorking under the local authority’s rent deposit scheme. M was accepted for the scheme and she was introduced to a prospective tenant, Lisa Alexander. The property was let to Ms Alexander on 26th March 2007 and the property was repossessed on 9th June 2008, Ms Alexander having left a trail of devastation in her … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Homeless and Housing law - All. Tags: .

No, that is your elbow

By NL on 29/10/2011. 3 Comments

In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant.

 Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202

Mr Chadwick had been given an AST by Saxon Weald as a ‘probationary tenancy’ on 11 August 2008. The tenancy agreement stated that if no steps for possession had been taken within 12 months, including service of notice requiring possession or notice seeking possession, it would automatically become an assured periodic  tenancy at that time. Otherwise, it would remain a periodic AST. THe clause also stated “if the tenancy converts to a fully assured … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, FLW case note, Housing law - All and Possession.

Sale and Rentback (again)

By Dave on 28/10/2011. 1 Comment

I’ve got to admit it, I’ve fallen for HHJ Behrens.  I’ve no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human.  He is developing something of an expertise in sale and rentback transactions, for which I have a degree of empathy for him as well as have considerable interest in.  He did the re North East Property Buyers litigation, which we noted and commented on.  I think HHJ Behrens was spot-on – it’s for the Supreme Court to interfere with the basic principles adumbrated in Abbey National BS v … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Possession. Tags: .

Turning up is usually the best idea

By NL on 17/10/2011. 1 Comment

Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123

This, and please bear with me here, was an application for leave to appeal a Circuit Judge’s trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment, originally made in the High Court. It resulted from a possession claim and disrepair and personal injury counterclaim that had, at some stage, involved a claim for judicial review and an application for permission to appeal the refusal of permission for review. All this out of what should have been a fairly straightforward claim and counterclaim.

The actual appeal deals with non-attendance at trial, the … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, FLW case note, Housing law - All and Possession. Tags: , , , .

Mental Capacity Act and Tenancy: An open question

By NL on 06/10/2011. 12 Comments

I have had a question from the editor of the Small Places blog, which is a very fine blog on human rights and community care, with attention to Court of Protection matters. I think it is a question which might benefit from the assembled housing law mavens who read NL from time to time.

The question concerns the position of someone lacking capacity under the Mental Capacity Act 1985 when an independent tenancy is sought. There is conflicting guidance and threatening case law to deal with.

The starting point is that someone lacking capacity cannot enter into a binding contractual agreement, including a tenancy.

The frequent advice of local authorities … Read the full post

Posted in Assured Shorthold tenancy, Community care, FLW article and Housing law - All.

Starter tenancy: proportionality ‘just about arguable’

By NL on 16/08/2011. 18 Comments

West Kent Housing Association v Haycraft [2011] EWCA Civ 992 (Not on Bailii. We’ve seen a transcript)

This was a renewed application for permission to appeal to the Court of Appeal on a second (or perhaps first- see below) appeal from the granting of a possession order. The ground of appeal was that the appellant tenant had a defence of proportionality which had not been considered by the District Judge and not considered adequately by the Circuit Judge in dismissing the first appeal.

Mr H had a starter tenancy (or AST) from West Kent Housing Association, an RSL/PRPSH. In January 2010, the RSL had a meeting, described as a re-hearing … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , , .

Tenancy deposit penalties awarded!

By NL on 01/08/2011. 1 Comment

There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent landlord who would be caught by a claim. You can draw your own conclusions from the facts of these cases. The way in which Hashemi is distinguished in the first of these cases is interesting, but perhaps unlikely to be of general application

First, in the High Court:
Suurpere v Nice & Anor [2011] EWHC … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All, Possession and Unlawful eviction and harassment. Tags: , , .
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