Category Archives: Assured Shorthold tenancy

Paying the cost.

Watson v Simpson Croydon County Court 4 October 2012

Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs.

Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory periodic one. Mr Watson apparently wanted her out. He served what was described as notice to quit, then began possession proceedings. He did not serve any s.21 Notice (of any sort, vide Spencer v Taylor). The Particulars of Claim were on form N119. There were no particulars of any rent arrears, or other breach, nor was there a claim for use … Read the full post

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The Permissive Notice

Spencer v Taylor [2013] EWCA Civ 1600

This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.

[Update 11/12/13 - Read the full post

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‘Gorry’ Regulations Guidance

In other bedroom tax news, the DWP has issued a Circular to Local Authorities on The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 – the new regulations implementing the Gorry judgment on LHA and housing benefit assessments involving disabled children unable to share a bedroom by reason of their disability. The new regulations are in force from 4 December 2013, some time after the Minister got a thorough telling off on the failure to introduce regulations in R (MA & Ors).

The circular is here.… Read the full post

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Don’t ignore the Court of Appeal

Or, ‘It wasn’t me, it was the bailiff’.

Choudhury v Garcia [2013] EWHC 3283 (QB) (June 2013) [Not on Bailii. We have transcript]

A rather unusual unlawful eviction case, this, involving as it does breaches  of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.

Mr G was the tenant of Mr C, since 2007, or 2008 in a ground floor room. In late 2009, Mr C apparently decided he wanted the room back. At this point, trouble began in the back garden. As the first instance judge found:

“Panels of the fence were removed. The neighbours started to bring

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Mr Pickles’ brighter future for hardworking tenants

I didn’t comment here on Eric Pickles announcement of a ‘Tenants Charter’ at the Tory conference because, on inspection of the DCLG press release, it looked like a burp of a soundbite, with absolutely no significant likely effect. I contented myself with being rude about it in 140 characters on twitter, as that seemed sufficient. This didn’t stop some landlord organisations and journals getting terribly over-excited about the perceived threat of ‘required’ longer tenancies. There was (and remains) no such requirement.

However, the latest, slightly more detailed, press release does have some interesting bits in it, and perhaps more telling is the direction of travel – the recognition that private … Read the full post

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Malik v Fassenfelt & Ors [2013] EWCA Civ 798

The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. But what if the invaders occupy for long enough to establish their home within the keep? Whose castle is it now? Whose home must the law now protect? [Sir Alan Ward]

This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and … Read the full post

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