07/05/2020

Notes for noting

Several quick things.

The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be lifted, varied or shortened by the Court, with an added challenge to the vires of the Practice Direction thrown in. So, an important case for the immediate future.

Far less important in the scheme of things, but having done the webinar on housing conditions claims in practice mentioned here, to a startling if silent and invisible 390 people, there is a video of the presentations and the question and answer session available for free here, should you have a spare hour and a bit, and the willpower. Not taking any further questions though..

Also worth noting what looks like an interesting Judicial Review decision in the joined cases of R (Mohamed) v Waltham Forest LBC, Secretary of State for Housing, Communities and Local Government (HCLG) intervening and R (Mohamed) v Wimbledon Magistrates’ Court, Waltham Forest LBC et al, Secretary of State for HCLG intervening (2020) EWHC 1083 (Admin). The Admin Court held that the offence of managing or having control of an unlicensed HMO, contrary to s.72(1) of the Housing Act 2004, is a strict liability offence which does not require proof of a defendant’s mens rea. So, the offence is committed regardless of the state of your knowledge about whether you are managing or controlling an HMO.

 

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

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