Duval v 11-13 Randolph Crescent Ltd (2020) UKSC 18 The issue before the Supreme Court was whether "the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which, but for the...
All the blog posts, most recent first
Article 1, Protocol No.1 – a brief introduction
We’ve had quite a few new visitors to this blog over the last few hours and quite a lot of questions about A1/P1 and how it works in the context of a general abolition of residential rents. So here is our quick guide. What does it say? Art.1,...
A five point plan
I suspect I’m going to regret this, but there is so much flawed analysis and (wilful) misunderstanding around the policies announced by Labour to deal with the housing and Coronvirus crisis, that I think I should write something. In the spirit of...
Notes for noting
Several quick things. The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be...
Optimism of the will, pessimism of the intellect
According to this Inside Housing report of a Housing, Communities and Local Government Select Committee meeting today (4 May), the Housing Minister Robert Jenrick announced prospective measures to avoid a deluge of eviction proceedings at the...
On front doors and on going through them
A couple of leasehold cases, one on flat entrance doors and, one on rights of access through those doors. First, Fivaz v Marlborough Knightsbridge Management Ltd (LANDLORD AND TENANT - BREACH OF COVENANT) (2020) UKUT 138 (LC), a skirmish in what...
Domestic abuse and priority need.
In a rare these days bit of good news, the Government have announced that the Domestic Abuse Bill will be amended to make being a victim domestic abuse priority need for the purposes of local authorities homelessness housing duty. This follows...
Notes from the sofa
I'm slightly late to noting this (in my defence, there have been other things going on), but there is a new Claim form N5B for accelerated possession proceedings, which was released on 6 April 2020. It contains substantial revisions to the...
Sound insulation and fitness for habitation – Scotland
We don't usually run Scottish case law. It is, after all, a whole separate legal system, and one in which none of us are qualified. It is also, going by the language of the judgments, utterly splendid - after all, who doesn't fancy a judgment that...
Housing law webinars
A couple of interesting housing law webinars in the next few days (well, hopefully both interesting, as I'm doing one of them) for all your 'working from home but still interested in housing law' needs. On Thursday 30 April at 10.30 am, the latest...
It’s not right but it’s OK
The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants (2020) EWCA Civ 542 The Court of Appeal have their way with the judicial review of the 'Right to Rent' scheme. This was the...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court...