The Blog

The worst Part VII homeless decision ever?

There are bad homeless decisions by local authorities. We’ve all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting pregnant in an HMO that didn’t allow children. Decisions that stated that being sexually assaulted was just one of those things that happened to homeless […]

Game of forfeits

Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the outcome was different to this previous example of doing that, but still the […]

Of new tenancy terms and unfortunate neologisms

It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018, (version 2, or 4, depending […]

Forthcoming…

In case you needed reminding (and don’t worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on ‘fitness’ in relation to Section 1 Defective Premises Act 1972 cases here. And MHCLG […]

Job ads – Norwich

Shelter Solicitor up to £36,304 pa (depending on experience) + excellent benefits including flexible working and 30 days holiday Norwich Closing date: 7 April 2019 at 11.30 pm If you’re a qualified solicitor who is passionate about standing up for people’s rights and committed to achieving positive outcomes for clients, Shelter’s legal team is the ideal […]

Getting a policy wrong – Housing Act 2004 enforcement in Hull

Humber Landlords Association v Hull City Council (2019) EWHC 332 (Admin) (not on Baiili yet, copy of the judgment here). There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat […]

Broken windows and temporary repairs.

Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC) I’m not going to go into great detail on this case, despite its various enticing complications – an iconic new Manchester building (pictured above), Carillion (the contractor on construction) going into receivership, and the idiosyncratic view of the Manchester weather of HHJ […]

Job ad – Slough

Shelter Solicitor £37,485 pa depending on experience + excellent benefits including flexible working Slough Closing date: 25 March 2019 at 11.30 pm For a qualified and passionate housing solicitor with a sound knowledge of legal aid and a strong commitment to our cause, this is an amazing opportunity to join Shelter as a Solicitor in our […]

Bits of news and things to respond to.

Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are separate guidance documents for tenants, landlords and local authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

On sewer covers, gardens and responsibilities

Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC’s tenant. The property was a house with a front garden. The tenancy began in […]