It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...
Suitability duties and reasonable preferences that weren’t unreasonable
Jaberi, R (On the Application Of) v City of Westminster (Re Housing Act 1996) (2023) EWHC 1045 (Admin) A judicial review on three grounds: i) Breach of section 193(2) Housing Act 1996 duty to secure suitable accommodation; ii) The Westminster's allocation...
Suitability review – excluding information, and ending existing accommodation.
Querino v Cambridge City Council. County Court at Cambridge, 29 March 2023 Continuing the trend (of which I wholeheartedly approve) of people sending me notes of judgments, the following is a note of a s.204 appeal of a suitability review decision from Toby...
Snoring is not ASB, not even in Lambeth.
LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023 Our grateful thanks to Angharad Monk of Garden Court and Gurminder Birdi at Cambridge House Law Centre for this note of LB Lambeth's claim for an injunction against Ms...
Local authority serving notices – requirements
Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one - A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr Drew Bravington, has since 2018 had a secure tenancy of a...
No surrender
City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB) It is always the joint tenancies that cause problems... This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had...
Illegal eviction – attempted or accomplished?
Wu v Chelmsford City Council (2023) EWCA Crim 338 Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place). Brief facts - Mr and Mrs Krishnamoorthy had a...
Location, location, location (and getting discharge of duty right)
Zaman v London Borough of Waltham Forest and Uduezue v Bexley LBC (2023) EWCA Civ 322 These were two joined second appeals from section 204 appeals, both on the issue of whether the local authorities had lawfully discharged duty following decisions that 'out...
Time to respond to ‘minded to’ letters, and getting affordability right
Our grateful thanks to Alice Irving of Doughty Street Chambers for this note of a section 204 appeal decision, which is interesting in the approach to representations in response to 'minded to' letters, to affordability assessments and on the timing and role...
How to Rent Guide – new version
DLUHC has today (24 March 2023) issued a revised version of the How to Rent guide. This is important because for any post 1 October 2015 assured shorthold tenancy, or ‘renewal’ tenancy (where the guide as been updated at the time of the new tenancy), the...
Overlooking – an overview
Fearn & Ors v Board of Trustees of the Tate Gallery (2023) UKSC 4 A belated note on the Supreme Court decision on nuisance and overlooking. You'll all know the result by now - the Tate lost - so this is about what the Supreme Court says about nuisance,...
Contempt and Conduct of Litigation
Baxter v Doble & Anor (2023) EWHC 486 (KB) This was an application for committal for contempt of court for provision of legal services by a person not entitled to do so, arising out of a possession claim in Devon. It is of considerable significance in...