Archive for the 'Assured Shorthold tenancy' Category

Proportionality, Section 21 and starter tenancies

By NL on 22/04/2012. 2 Comments

Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a transcript].

This will be a quick note, as the general principle has been established that proportionality defences are available for Housing Association ‘starter tenancies’, being assured shorthold tenancies, where possession is sought via section 21 notice. In addition, Ms Thomas was in person, and failed to appear, after her solicitors came off the record for lack of co-operation, so the extent of argument was limited.

Ms … Read the full post

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

Don’t Panic!

By NL on 01/04/2012. 2 Comments

The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a dramatic threat to its private sector members (possibly triggered by our report on Khela v Dainter, heading to the Court of Appeal).

Here is what the RLA have said:

“At present landlords in the private rented sector are able to begin eviction proceedings based on a tenant breaching the terms of their contract if they fall into arrears on their rent by 2 months. Once a tenancy is

… Read the full post

Posted in Assured Shorthold tenancy, FLW article and Housing law - All. Tags: , .

Nothing ever really changes, does it?

By S on 20/03/2012. 5 Comments

Corby BC v Scott & West Kent Housing Association v Haycraft [2012] EWCA Civ 276  are the first cases that have required the Court of Appeal to consider and apply the guidance given in Powell v Hounslow LBC [2011] UKSC 8 & Pinnock v Manchester CC [2010] UKSC 45 (our notes here & here).

Facts – Scott

In December 2009, Ms Scott was granted an introductory tenancy by Corby. In May 2010 she began to accrue arrears of rent and by August 2010 she owed £285. Corby served a notice of possession proceedings, but shortly afterwards Ms Scott’s mother cleared the arrears. Rather than issuing a claim for … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Introductory and Demoted tenancies.

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. 2 Comments

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: , , , .
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