Jarvis v Evans & Anor (2020) EWCA Civ 854 The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a...
All the blog posts, most recent first
Evidencing a joint tenancy
Vale of Aylesbury Housing Trust Limited v Richens (2020) EWHC 685 (Ch) An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at...
Dispensing with section 20 – requirements on landlord
Aster Communities v Chapman & Ors (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 177 (LC) A quick note on this one. Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service...
Two thirds of a stay
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you...
Adventures in forfeiture – brothels and specifying the breach
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises...
New Homelessness Statutory Guidance for England – priority need
Today, 29 June 2020, MHCLG issued an update to the statutory Homelessness code of guidance for local authorities. The relevant updates are to the chapter on priority need and consist of a new paragraph 8.44 and 8.45, as follows: 8.44 COVID-19:...
Unfurnished temporary accommodation – is it suitable?
Escott, R (On the application of) v Chichester District Council (2020) EWHC 1687 (Admin) A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained...
News bits – homelessness policies
A couple of news items, both relating to homelessness policies. First, following a judicial review challenge, LB Lambeth has agreed to end its ‘Temp2Settled’ Scheme. Under this scheme, since 2014, homeless applicants were promised higher priority...
I want it all.
Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) The Upper Tribunal (Land Chamber) changes the ground rules on rent repayment orders... Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied...
The Electrical Safety Dance
On 1 June 2020, we noted here that The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 had a bit of a quirk. The regulations applied to all ‘new specified tenancies’ from 1 July 2020. But a ‘new specified...
The Trecarrell Conundrum
Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760 It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a...
Ending it all – duties under section 188
Mitchell, R (On the Application Of) v London Borough of Islington (2020) EWHC 1478 (Admin) Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is...