Doesn’t it make you proud to be English?*

The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage. The Immigration Act 2014 introduced the concept of the “right to rent”. […]

1 October 2015 – section 21 day

[Update 29/09/2015. New regulations correcting the obvious errors in the new prescribed section 21 notice have now been made. See here.] On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21 notice on an assured shorthold tenancy (in England). There are some sensible […]

Of bad banks behaving badly and public bodies

An intriguing mortgage possession County Court case featuring a ‘bad bank’. While the case itself turns on a failure by the bank to obtain relief from sanctions, it features an interesting line of argument that may well be raised again. NRAM plc v X [Name redacted by request]. Central London County Court. 10 July 2015 […]

Discrimination between death and divorce?

Samawi v Haringey LBC, Claim no: A01EC488, 3 July 2015 Central London County Court Thanks to an Arden Chambers eflash comes news of a County Court case with interesting potential repercussions, albeit probably some way down the line. Mr Samawi was in many respects, a failed second successor. His father had been granted a secure […]

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 […]

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 […]

An inconvenient problem

This is not a usual blog post. I was asked to do an analysis of the proposed £23,000 pa benefit cap, its impact on housing, homelessness and the legal position, with a focus on London, for use elsewhere and for a purpose which shall remain nameless. But I feel this needs wider sharing. I analysed […]

Co-ops again …

Often, I will read a judgment with which I disagree; but it is rare that I read one that I think is just plainly wrong.  The judgment of Hildyard J in  Southward Housing Co-Operative Ltd v Walker and Hay [2015] EWHC 1615 (Ch) falls in to the latter category, made all the more odd that it took […]

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 […]

Protocol Problems

Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some issues. The new Pre-action Protocol for Possession Claims by Social Landlords, (at page 108 on in this PDF, which […]