Samuels v Birmingham City Council (2019) UKSC 28 The Supreme Court, finally, has delivered its judgment on the issue of the assessment of ‘reasonable expenses’ when considering the affordability of rent in homelessness decisions. In this case, where Ms Samuels was evicted for rent rent arrears and Birmingham CC had found her intentionally homeless, despite a […]
Author Archives: Giles Peaker
Deposit penalties. How many breaches is too many?
Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a […]
1 June 2019 and the Private Rental Sector
1 June 2019 is quite a big day for the PRS. The Tenant Fees Act 2019 is now in force. The MHCLG Guidance for tenants, landlord and agents is here. Along with this, there is a new Form 6A, the mandatory form of section 21 notice, which must be used for all assured shorthold tenancies […]
A bit of a pause
I’m looking at four cases that need writing up. None earth-shattering but all worthy of note. There is also the coming into force of the Tenant Fees Act 2019 on 1 June, which needs a post, and indeed an updating of the s.21 flowchart. But any writing up of these (and anything else that comes […]
Job ad – Hackney
Dowse & Co Role: Housing Law Solicitor / Case worker At: Dowse & Co Solicitors, Hackney. Hours: Part time or full time role. Qualifications: 1-5 PQE Solicitor or experienced Paralegal Salary: Based on PQE and relevant experience. Details: We are expanding our Housing Law department by recruiting a dedicated and enthusiastic Solicitor. We advise clients […]
Gimme Gimme Gimme
Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our […]
Getting Guidance wrong and the perils of not updating legislation
MHCLG recently (April 2019) put out a guidance document called “Landlord and tenant rights and responsibilities in the private rented sector“. Under a heading “Guidance for tenants renting in the private sector: rights, responsibilities and advice”, on page 12 are the following on potential penalties for harassment by a landlord, and for illegal eviction by […]
Job Ads – Hackney, Tower Hamlets, Luton
Shelter Solicitor £35,777 per annum pro rata Hackney, London Closing date: Sunday 2nd June 2019 at 11.30 pm Fixed term contract – Maternity cover until June 2020 We’re looking for a qualified Solicitor with experience of handling a wide range of housing cases, to join our London hub team and enable those in housing need […]
Mistaken protection
Hook v Hawkins (LANDLORD AND TENANT – Rent (Agriculture) Act 1976) (2019) UKUT 147 (LC) It is not often we get cases involving the Rent (Agriculture Act) 1976. This Upper Tribunal appeal does concern that Act, albeit only to decide that the Act wasn’t involved any longer. The FTT decision at issue was that it […]
Don’t go changing…
Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of ‘variable service charge’. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would provide specified services and that the tenant would pay a service charge […]
