MHCLG has published a new 'How to Rent Guide' today, 10 December 2020. I've added it to the archive. As a reminder, for any post 1 October 2015 assured shorthold tenancy, or 'renewal' tenancy (where the guide as been updated), the tenant must be...
All the blog posts, most recent first
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance...
Suitable means available
Nikolaeva v London Borough of Redbridge (2020) EWCA Civ 1586 A quick note on this Court of Appeal decision concerning offers of permanent accommodation in discharge of duty. Ms N was owed the full housing duty as homeless by LB Redbridge. An offer...
Leaseholders and build defects webinar
Together with my Anthony Gold housing team colleague Jenny Evans, I did a webinar today (Wednesday) on build defects, issues and remedies for leaseholders. The video of the webinar is free to view here if anyone is interested or might find it of...
Intervening but overcrowded accommodation
Bullale v City of Westminster Council [2020] EWCA Civ 1587 An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of...
Repayment by superior landlord
Rakusen v Jepsen (HOUSING - RENT PAYMENT - whether a rent repayment order may be made against a superior landlord) (2020) UKUT 298 (LC) In Goldsbrough & Anor v CA Property Management Ltd & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION) [2019]...
When is suitable?
London Borough of Bromley v Broderick (2020) EWCA Civ 152 When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal...
Finally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also when it was extended for the national lockdown....
Of late reviews and multiple appeals
Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 A second appeal on the vexed issue of s.204 appeals of late or 'out of time' s.202 reviews. We've seen this issue come up earlier this year (and indeed before) but now the Court of...
Water Sellers
The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss (2020) EWCA Civ 1381 This was RB Kingston upon Thames' appeal of the High Court's finding that it was a 'water reseller' under the Water Resale Orders 2001 and 2006, and...
I’m not demanding, I’m telling you – section 8 notices
Prempeh v Lakhany (2020) EWCA Civ 1422 We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a 'demand for rent' for the purposes of...
Death and Notices.
Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339 In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal...