Sandwell Metropolitan Borough Council are proposing to amend their tenants' secure tenancy agreements. Unfortunately, in their wisdom, they have decided to include a new tenancy condition as follows: "You, people living with you and any visitors to your...
Possession news
A couple of items on possession claims and evictions. And another occasion to overuse exclamation marks. According to the Minutes of the CPR Committee meeting of 8 October 2021, Practice Direction 55C will be sort of coming to an end on 30 November 2021, but...
Damp and Mould – “It’s not lifestyle”.
The Housing Ombudsman has released a special spotlight report addressing the issue of damp and mould, called "Spotlight on: Damp and mould. It’s not lifestyle" It is the result of both the media spotlight on social housing conditions (ITV News with Dan...
Possession proceedings – end of the ‘overall arrangements’.
Yesterday (3 November) a statement from the Master of the Rolls announcing the end of the 'overall arrangements for possession proceedings', as of 1 November 2021, was put up on the judiciary website. The statement is here. (The original version of this post...
There’s a cheque on the table – s.21 and return of deposit
Gul v Bilal, Stratford Hearing Centre, 18 October 2021 (unreported. We've seen a note of hearing). A County Court decision on a landlord's application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to...
Rent Repayment applications – time limits for substituting parties
Gurusinghe & Ors v Drumlin Ltd (HOUSING - RENT REPAYMENT ORDER - Procedure) (2021) UKUT 268 (LC) Just a quick note on this one - an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the...
Waiver and determining breach of lease
Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT - BREACH OF COVENANT - shared ownership lease) (2021) UKUT 266 An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section...
9 years of unsuitable accommodation – LGO award of £27,000
Our thanks to Naomi Trewinnard of Harrow Law Centre for this note of a remarkable Ombudsman decision in which LB Brent was found to have left a homeless household in wholly unsuitable temporary accommodation for 9 years - yes, 9 years. I've never seen an...
Rent Repayment Orders – not ALL the rent.
Williams v Parmar & Ors (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 244 (LC) We knew that the Upper Tribunal has been itching to get an appeal on the approach to the assessment of the amount of a rent repayment order, ever since Ficcara v James,...
Homelessness – renewed applications and overlooked facts
Ibrahim, R (On the Application Of) v Westminster City Council (2021) EWHC 2616 (Admin) This was a judicial review of Westminster's refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she...
Private sector assortment
Some bits for private sector tenancies (in England, mainly), including s.21 notice periods, Tenant Fees Act and tenancy 'churn', an updated electrical safety guide for tenants, and the distant prospects of a Renters Reform Bill. I've belatedly updated the...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of entitlement to...