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A couple of notes for the first of June. (It looks lovely out there, but if 6 socially distanced people from separate households turn up in my block's communal gardens I will Not Be Happy). The Tenant Fees Act 2019 as of 1 June 2020 applies to all tenancies...
Astonishingly, Nearly Legal is at its 14th birthday. The blog started in June 2006. That is 14 years I've spent on this site, man woman and child. Forgive me if in these fevered and increasingly hallucinatory times, I have a bit of a self indulgent...
London Borough of Hackney v Okoro (2020) EWCA Civ 681 An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of...
The Housing, Communities and Local Government Commons Select Committee has published an interim report on protecting rough sleepers and renters through the Coronavirus pandemic. The key recommendations are: i) on rough sleeping and homelessness, a serious...
Flores, R (on the application of) v London Borough of Southwark (2020) EWHC 1279 (Admin) This was a judicial review of Southwark's allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded. The...
If I am honest, this is not how I anticipated the apocalypse to look. The streets deserted apart from roving estate agents, dead eyes above the mask, looking for someone, anyone, to force into a viewing in an enclosed space. But that is what the Government...
Arkin v Marshall (2020) EWCA Civ 620 This is the Court of Appeal judgment in the appellant's challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z. The short version is...
Duval v 11-13 Randolph Crescent Ltd (2020) UKSC 18 The issue before the Supreme Court was whether "the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the licence, would...
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,...
According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the expiry of the...
A couple of leasehold cases, one on flat entrance doors and, one on rights of access through those doors. First, Fivaz v Marlborough Knightsbridge Management Ltd (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 138 (LC), a skirmish in what appears to...
In a rare these days bit of good news, the Government have announced that the Domestic Abuse Bill will be amended to make being a victim domestic abuse priority need for the purposes of local authorities homelessness housing duty. This follows strong...