A couple of brief notes. In Opara v Olasemo (HOUSING - RENT REPAYMENT ORDER - unlawful eviction) (2020) UKUT 96 (LC), the Upper Tribunal corrected the First Tier Tribunal on its approach to the standard of proof on an illegal eviction and unlicensed HMO rent...
Notice of applying for permission for a writ
Hertfordshire County Council v Davies (2020) EWHC 838 (QB) An application on the issue of notice under CPR 83.13(8) on permission to issue a High Court writ. Mr Davies was a school caretaker. He and his family lived in a bungalow which was tied to his...
Assortment – Priorities, and FAQS
Priorities In case you hadn't seen it already, HMCTS are publishing a daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak. This includes civil (County) court listing priorities. As of 15 April 2020, "Priority 1 – work...
Not a disciplinary stick – PSED and homeless reviews
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v...
What a difference a PSED makes…
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 - that the landlord was induced to grant the tenancy by a false statement made knowingly or...
What’s in an appeal?
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way. Mr James...
Where to go?
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This was an...
Practice Direction 51Z – to Stay Possession Proceedings
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have signed Practice...
All housing possession claims suspended from 27 March – Coronavirus update.
(Update 27 March. For the details of the stay, see here on the new Practice Direction 51Z ) Well now, this is big (and also finally, it would seem, some clarity). According to this MHCLG press release from this evening: From tomorrow (27 March 2020)...
Coronavirus – new forms 3 and 6A for s8 and s21
Now that the Coronavirus Act is in force (as of today 26 March 2020), the three month notice period applies to assure and assured shorthold tenancies (as well as secure, introductory, etc). And there is: i) a new Form 6A - the form for Section 21...
Draft in haste… Coronavirus restrictions and homelessness
Here are emergency regulations, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, made today. These, amongst many other things, deal with what commercial premises may open, or must be closed, and - to the point here - restrictions...
Throwing out the homeless – hotels and coronavirus
MHCLG have - to their credit - been quite clear about the position for some hotels - where they are providing room for the homeless by arrangement with a local authority, they should remain open. Unfortunately, it appears that some hotel chains, at...