London Borough of Haringey v Ahmed & Anor (2017) EWCA Civ 1861 This was Haringey's appeal of a High Court decision dismissing Haringey's claim for possession against Ms Ahmed (our report here). A factual precis is that in 1988 two tenancy agreements...
Incurred and incurred again
Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an...
Doing the same thing all over again
Walcott v Jones & Jones. Central London County Court, 15 November 2017 (Not on Bailii. A note on Lawtel) A county court appeal, on an issue that quite a few (though mostly not practitioners) have raised with me elsewhere. Does a periodic tenancy count as...
Accelerated but longer
HMCTS have released a new N5B claim form - the claim form for accelerated possession proceedings after service of a section 21 notice. The new form (finally?!) takes into account all of the post 1 October 2015 changes to the validity of a section 21 notice....
Time to contact your MP – Homes Fit For Habitation
As I may have reminded you once or twice already (and no doubt will again), the second reading of Karen Buck MP's Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is on 19 January 2018. This is a private members bill. It is very...
Universal Credit – here comes the homelessness
[Update 22 November 2018. In the Budget, the Govt has said that: a) the 7 days without any payment after UC claim will be scrapped b) For those with existing HB/LHA claims, there will be a two week overlap of existing HB/LHA payments after the UC claim date...
Closing the Gaps – the failure of the law on health & safety at home
Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed. The report is here and summary...
‘I’m not racist, I just won’t let to them’. Fergus Wilson meets the Equality Act
Fergus Wilson (for it is he) has managed to cap such highlights of a landlording career as being convicted of assaulting his letting agent, and evicting tenants (including single mothers or 'battered wives') because they were on housing benefit or likely to...
Deposits, Lies and Unlawful Evictions
Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of...
How long has this been going on? – settled accommodation
Doka v London Borough of Southwark [2017] EWCA Civ 1532 The issue in this second appeal was what amounts to 'settled accommodation', sufficient to break the chain of causation of intentional homelessness. Mr D was homeless and in priority need. However,...
Hide and Seek with Justice – A Rant
(Updated 26/10/2017 - at the bottom) Access to justice is one thing. Actually being able to find it another. This is the sorry, sad, truly pathetic tale of the fall out of the closure of Lambeth County Court. I'm sorry for length, but hell, it has been a...
Significantly more vulnerable – how much, or what kind?
Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of 'significantly' in Lord Neuberger's definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC...