All of the wrong. And then some more.

Kazadi v Martin Brookes Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold tenancy deposit and unlawful eviction case in which everyone involved save the tenant – letting agent, landlord and police – did things about as […]

Right to Rent – just how bad is it?

We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report (summary here, and full report here). Notably, the Home Office has not released its evaluation […]

Making sense of deposits. Nearly.

It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants. So, in a spirit of helpfulness (and to stop people asking me All The Time), here is the NL […]

The Something Must Be Done Bill, Calais edition

The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an […]

S.21 and return of deposit.

Via Jonathan Starr of Switalskis Solicitors comes this account of a PRS possession/deposit case.  The account is by Mr Starr, slightly edited. Although only a county court case, so non-binding, there are some interesting points about the return of deposit via a deposit scheme being inadequate for a s.21 to be valid. Ahmed v Shah, […]

How late it was, how late

Khuja v Chowdhury [2015] EW Misc B18 (CC) A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work. Ms C was the assured shorthold tenant of Mr K, allegedly a ‘major landlord in Oxford’. The tenancy started on 7 […]

Housing and immigration. Bombshells and bombast

In a speech timed to hide the release of the latest figures on net migration, the Prime Minister made an assortment of announcements on forthcoming policies. The part that concern us here, went as follows: There are other ways we can identify those who shouldn’t be here, for example through housing. For the first time […]

As difficult as pulling teeth

Williamson v Khan. Birmingham County Court. Claim No: 3YS66585 (12 March 2015). Disrepair claims against private landlords are often interesting. Not least because said landlords have a tendency to take ridiculous positions and stick with them to trial, even when represented. This case is a glorious example of that. (A full copy of the judgment […]

Deposits, penalties and discretions

Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the amount of penalty under section 214 “(4)     The court must . . . order the landlord to pay to the applicant a sum […]

Tenancy deposits – where we are now?

With the relevant parts of the Deregulation Act 2015 having come into force on 26 March 2015, time for a quick outline of what the changes mean for deposit protection and section 21 notices. Deposit taken pre 6 April 2007 which became statutory periodic after April 2007. Superstrike [our note] found that any pre 2007 […]