The Blog

Flexible tenancies: the High Court will decide

We have noted before the problem with how you terminate a flexible tenancy (see here) and the arguments about how the law of forfeiture applies. Despite there being several thousand of these tenancies in England, the forfeiture problem has yet to receive consideration by a higher court. That is about to change. HHJ Bailey (Central […]

Cladding and the private sector: a good first step

There have been rumours of this for a while now, but in the last few mins (9.5.19, 8.30am) the government has announced that it will make public funds available to help fund private sector cladding remediation works. The details (such as they are) are here. A few immediate thoughts: 1) This is very, very welcome. […]

Troubles with TLAs – HMOs and EPCs

Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed requirements is – via s.2(1) The Assured Shorthold Tenancy Notices and Prescribed […]

Song from under the floorboards*

Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch) Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by […]

Deposits – Better to give than to receive

Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express […]

Job ads. Greenwich, Croydon/East Dulwich/Peterborough

Greenwich Housing Rights Social Justice Lawyers wanted! 1 x Senior Housing Solicitor (LAA Housing Casework Supervisors) up to £42,000 per annum depending on experience 1 x Housing Solicitor/caseworker – up to £32,000 per annum depending on experience Greenwich Housing Rights (GHR) is highly respected, providing specialist legal advice and representation to our local community and […]

Wearing different hats

Pandongate House Management Co Ltd v Barton, High Ct (Newcastle District Registry), January 2019 (with thanks to Alice Richardson for a copy of the judgment) Lessee-owned companies are now pretty common. They generally come about in one of three ways. The first (and generally best) is as freehold owner of a block of flats (usually […]

Sectoral Regulation Without Section 21

One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool […]

When an ‘or’ is an ‘and’ in Wales

Evans v Fleri (2019) EW Misc 12 (CC) A lesson in drafting from Wales. The Housing (Wales) Act 2014 provides at Section 7(1) The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless – (a) the landlord is […]

Prohibition Orders and ending tenancies

T v W. County Court at Central London. 16 April 2019 (Unreported) T was the owner of a property. The property was subject to a prohibition order served by LB Croydon. Nonetheless, T let a dwelling in the property to W. (T denied knowledge of the prohibition order, in a somwhat unlikely manner, but nothing […]