Landlords behaving badly

While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum. The Housing:Recent Developments in the July/August 2016 Legal Action contains a […]

Council tax, periodic tenancies, and the end of L&T law avoided

We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such […]

Wrong warrants? Issues in N325 compliance

This is a guest post by Jonathan Holt of Garden Court North Chambers. GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments. Background […]

Yes but No – Article 8 and the private sector

McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of […]

When is a deposit returned? Once more with confusion

Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. June 2015 (link is to our note). Yeomans v Newell, Canterbury County Court 25 May 2016 An assured tenancy was granted […]

Don’t believe the hype – a subletting site

Purely by coincidence, someone brought a tweet and linked article by @unleasehello to my notice: (Screenshot because now deleted) Here is the linked article on Unlease.io (And screenshot in case of deletion here) Titled “Subletting as a tenant right”, a taste of the article will give any housing lawyer a sense of just how bad it is… […]

From the County Courts – deposits, evictions and introductory tenancies

Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction. Hammersmith & Fulham LBC v Patterson. County Court at Willesden 16 July 2015 Mr P was granted an introductory tenancy in July 2011. A notice extending the introductory tenancy […]

Validity of section 21 notices – a flow chart

[Update 3 pm 03/06/2016 – improved flow chart with added HMO licensing section now at link below] Don’t ask me why, in a moment of idleness, I foolishly thought I would do this, but I did… The validity of section 21 notices (or technically, when one can be served) became simultaneously more complicated and less so […]

Tis aw a muddle – costs edition

Morales v Enver (2016) QBD (Irwin J) 28/04/2016 (Not on Bailli – note of judgment on Lawtel) Another case to file under ‘things not to do’. Mr M had brought injunction for re-entry proceedings against a landlord and agents. Mr M was the tenant of a flat owned by the landlord. He stayed on after the end […]

Deposits, leaflets and company landlords

Bali v Manaquel Company Limited, County Court at Central London (HHJ Hand QC), 15th April 2016 (Unreported elsewhere. We’ve seen a note of judgment) This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken […]