Nearly Legal
Housing Law News and Comment
Nearly Legal is a specialist housing law website for England (and occasionally Wales), run by solicitors and barristers practising in the field.
The site provides information, updates and discussion on housing and landlord & tenant law. Issues covered include homelessness, possession and forfeiture, unlawful eviction, disrepair and housing fitness, regulation and licensing, service and major works charges, right to manage and anything else that interests us. Contents include frequent case reports, updates on statute law, guides and key documents.
It is all free, but it is just our opinions, not legal advice. Please do not ask for advice on individual matters
Latest Posts
Rent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms...
Service charge miscellany
Aster Communities v Kerry Chapman & Ors (2021) EWCA Civ 660 The Court of Appeal dsimissed Aster's appeal from the Upper Tribunal and upheld the UT's reasoning on setting conditions on Aster's application for dispensation from section 20...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment)...
Mixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a 'no DSS' discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental Protection Act notice before prosecution. MHCLG have...
Key Resources and information
Section 21 Notice validity flowchart – downloadable flowchart for checking whether Section 21 notices are validly served and effective.
How to Rent Guide Archive – What version of the Guide was current when? MHCLG don’t provide this information. We have dates and downloads for all versions.
Relationship Breakdown and Tenancies FAQ – An outline of the issues and options.
Bedroom Tax First Tier Tribunal – FTT Decisions archive. Upper Tribunal decisions can be found here.
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All the bits that don’t make it to the blog.
From @SaferRentingCH - Aggressive litigation in rent repayment order applications - https://ch1889.org/safer-renting-blog/xs8tp947y4h5xtg-khc49-cccy7-kmpyh-sw9zt-2k24c-5h8rg-tg2sz-2x8ek-ksebk-ta4rx-fs49r-as6y6-bx3ds-9a35h-bxp88-lltzg-r32f4-6rw2g-c9jdb-6s6wk-l3367-kf85h
To the many horrors that the pandemic has wrought upon this nation, we must add Michael Gove briefing on people resuming ‘intimate contact’. As if anything was more likely to put one off the idea permanently than Michael Gove saying ‘intimate contact’.
Our free webinar, Proving Homelessness Due To Probability Of Violence, is live in 24 hours. Join us and @gcnchambers by registering here: http://ow.ly/1pqA50EHolh
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This would be a) a first for him, and b) the British Public Do Not Need To Have To Imagine This.
PM: “Whoever I hug, it will be done with caution and restraint”
Incoming blog search: "is it unlawful eviction if you serve a defectiv enotice"
Yes. But if you think you only have to serve a non-defective notice (for all but lodgers), you've got larger problems...