A couple of notes of things of interest and concern. Firstly. The Civil Justice Council is currently conducting a review of the Pre-action protocols. As part of this review we are seeking preliminary views from interested parties on the purpose and...
All the blog posts, most recent first
This isn’t going to be Priti
On 22 October 2020, the government published just over 500 pages of changes to the immigration rules. Thankfully, most of those can be ignored by this blog. But there is one bit that we really, really, need to talk about. With effect from 9am on 1...
Rent Repayment Orders – the Upper Tribunal is firm
Chan v Bilkhu & Anor (HOUSING - RENT REPAYMENT ORDER - amount awarded) (2020) UKUT 289 (LC) This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and...
Which Tier are you in, or out?
Via the High Court Enforcement Officers Association, comes sight of a letter from the Lord Chancellor to the HCEOA requesting that no evictions are carried out: a) where Tier 2 or Tier 3 restrictions are in place, and b) during the 11 December 2020...
Updates on possession notice requirements in Wales
We are once again very grateful to Mike Norman (now of Harrow Law Centre) for the following guest post updating the position on possession claims and notice periods in Wales. Keeping up with England has been more than enough for me... A careful...
Section 21 notices and notice periods – NL does video
In a moment of madness, I decided to try doing videos on individual problems in housing law. For the first, and quite possibly last, this is my view on a concern that appears to be doing the rounds that the courts will require 6 months notice on...
Tell me why – ‘Minded to’ letters and reasons
Scanlon v London Borough of Lambeth, Central London County Court 14 September 2020 (We've see a note of the decision). This was a section 204 Housing Act 1996 appeal following Lambeth's review decision that Ms S had made herself intentionally...
For this relief, much thanks
Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB) An appeal from a Circuit Judge's decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with...
Repairs, renewals and ‘like for like’
The London Borough of Lambeth v Gniewosz (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 274 (LC) A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable...
Eviction and contempt.
Hussain v Vaswami & Ors (2020) EWCA Civ 1216 (not on Bailii yet. Judgment on Lawtel). This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts...
Yet more on possession claims
There is now a deluge of new materials ahead of Monday 21 September restarting of possession proceedings. All out today are: The Master of the Rolls published version of the 'Overall Arrangements for possession proceedings in England and Wales',...
Possession claims – More new things and yet more to come.
Some things that emerged today, ahead of the resumption of possession claims on Monday 21 September. Gov.uk now has a "Reactivation Notice" form (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no...