Assuredly not an AST

Jasbir Kaur Kahlon v Andrew Isherwood [2011] EWCA Civ 602 (on Lawtel but not on BAILII yet)
UPDATE: Transcript now available on BAILII

Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same Act. S19A basically acts to make the AST the default tenancy under the Act while Schedule 2A lists a series of exceptions to the default position. Most crucially, for this case is the exception in paragraph 7 which states that a tenancy which was previously an Assured tenancy cannot be regranted as an AST unless a notice in a prescribed form had been served.… Read the full post

Eviscerated? Now also Drawn and Quartered

Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing)
UPDATE: Transcript now available on BAILII

In Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. The Court of Appeal has now returned to complete the job with a hanging by the neck until almost dead followed by a quartering with the body parts to be distributed throughout the kingdom.

The facts were relatively simple. Mr Hashemi was a tenant, along with a Mr Johnson, of Gladehurst Properties. The tenancy deposit of some £6,240 was never protected by G. Much of that deposit (less a deduction of … Read the full post

When more means less

Green v Sinclair Investments Limited Clerkenwell and Shoreditch County Court. 11 June 2010

This is a County Court and non-binding tenancy deposit case reported in September 2010 Legal Action ‘Recent Developments’. But it is interesting and harks back to a problem we discussed a while ago, the meaning of ‘must also’ in s.214(4) Housing Act 2004.

In this case, there was a one year assured shorthold tenancy, with a deposit of £2100. The deposit was not protected. The tenancy ended after 7 months by surrender, in July 2009. The former tenant send a letter of claim in September for the return of the deposit and the 3x deposit penalty. … Read the full post

Waiting For Tiensia

Qurat-Ul-Ain Zia v Mourtada Central London County Court 09/02/2010

This case in Central London County Court has been reported briefly in Legal Action [but we have had the transcript - NL]. While this post makes reference to the Tiensia case this matter actually concerns an issue which will probably not be dealt with by the Court of Appeal. Specifically, it deals with the question of whether a tenancy deposit taken prior to the introduction of the tenancy deposit protection schema should be placed into protection on the renewal of a tenancy.

Facts
The facts are simple. A number of consecutive tenancies had been entered into between Q and M, the … Read the full post

Permission 1 – refused: date of notice

Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet]

This was a permission to appeal to the Court of Appeal hearing.

The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was required:

After: 22ND NOVEMBER 2008 or,
if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy.

The issue was that a period of the tenancy ended on 21 November 2008. The tenant, Mr S, argued that … Read the full post

I’ll get you, my pretty, and your little dog, too! Two*

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265

This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice.

The brief facts are at para 1 of the Court of Appeal judgment:

Alfie is a Jack Russell/Border Collie cross. He lives with the appellant in her one bedroom flat at 1, Itchen Court, Crombie Close, Lovedean in Hampshire. Unfortunately the appellant’s tenancy agreement does not allow dogs to be kept on the premises. The respondents’, Drum Housing Association Ltd. her landlords, told her Alfie would have to leave. When he did not they took proceedings

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When does a tenancy begin?

Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is – according to Casetrack – in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it’ll set the legal world on fire as it appears to turn on its facts. Still…

It looks like a landlord agreed to let a room in a premises to a tenant if he (the tenancy) could obtain housing benefit. The tenant entered into occupation on 20.2.1997 and obtained HB some six weeks later, backdated to the start of the tenancy. The … Read the full post

Bits from August LAG 2: Unlawful Eviction damages

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The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum.

Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor health, was granted a weekly periodic AST of a single room with shared kitchen and bathroom. The rent was £60 pw. In November 2007, the landlord – Mr Iqbal – told Mr Abbas he would have to leave as the property was to be converted into flats. In April 2008 a written notice was served, to leave within two weeks. The notice was defective and … Read the full post