The MHCLG have announced a consultation 'Strengthening consumer redress in the housing market', which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the...
‘Can’t Pay..’ will have to pay.
Ali and Aslam v Channel 5 Broadcast Ltd (2018) EWHC 298 (Ch) I won't go into detail - do read the judgment for the oddest mashup of housing law, media law and privacy law we have encountered (so far) - but suffice it to say that a husband and wife evicted by...
Homelessness Reduction Act Code of Guidance (mostly) out
MHCLG has published the Statutory Code of Guidance for the implementation of the Homelessness Reduction Act 2017, with just over a month to go until it is in force (3 April 2018). 25 chapters and one annex are here (with no downloadable version in evidence...
Children Act and Housing – (not) joining the dots.
J and L, R (on the application of) v London Borough of Hillingdon (2017) EWHC 3411 (Admin) This is a very interesting judicial review, concerning the interrelation of a council's housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children...
I can serve this only once – gas safety certificates
Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (Now with approved transcript of judgment) First our thanks to Matthew Cannings of 3 Paper Buildings for note of judgment and Richard Cherry of 33 Bedford Row for details...
Breaching licensing and proceeds of crime
(Our thanks to Spencer Turner for this guest post) Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow)) The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing...
News bits
A post on a significant gas certificate/s.21 case will follow shortly, but for now a couple of news items... Regulations have been made bringing the Homelessness Reduction Act into force on 3 April 2018. The Statutory Code of Guidance has not yet been...
Fire Safety – Who Pays?
Since the extent of the issues with the cladding to blocks of flats became clear after Grenfell, and it became clear that private blocks as well as social were affected, we have been waiting for the beginning of the legal fall out over who was to pay for...
Dismissing Fergus
And so, after mentioning my instruction on Danny Hyde's defence to a claim by Fergus Wilson here, the hearing came to pass.... but we'll come to the result in a minute or several. Fergus Wilson, for the few amongst you who will not have come across him, is a...
From the county courts
With grateful thanks as ever to the Legal Action Magazine Housing: Recent Developments section for information on these (and they are not noted till those reports are publicly accessible), a couple of county court cases of interest. Assured Property Service...
That was the week that was – deposits, provision of prescribed information, and Fergus Wilson
[update 22 Jan. The initial version of this post suggested that ARLA advice on providing the How to Rent Guide had been that a link was sufficient. I am very happy to be corrected on this - ARLA did not so advise and had themselves raised this issue in 2016....
A failure to engage – ‘Medical advisors’ on homeless vulnerability
Cherry v LB Tower Hamlets. County Court at Central London, 11th January 2018 This is a s.204 appeal of a 'not vulnerable' review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the 'medical...