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...
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...
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...
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...
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...
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...
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...
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...
Misc – talking about Fitness, new section 21 notice, and leasehold shenanigans
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details: 15 May 2019 - HLPA meeting, with Steve Lawrence of the...
No isn’t an answer – access for works
Liverpool Mutual Homes v Mensah, County Court at Liverpool. 31 August 2017. (Thanks to Legal Action Housing Repairs Update May 2019 for this case) This is perhaps a rather obvious point, but reminders can never hurt. M was LMH's tenant. Following a disrepair...
Troubles with TLAs – HMOs and EPCs
Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed...
Song from under the floorboards*
Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared - a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment...