First, a quick erratum to yesterday's post on upcoming housing law. The post had wrongly stated that the 1 June 2020 Tenant Fees Act changes would mean repaying deposits of over five weeks rent on pre 1 June 2019 tenancies. That is not the case, so...
All the blog posts, most recent first
Sibylla*
2020 then. The years keep coming, with uncaring relentlessness. Still, putting a brave face on it, I shall combine the roles of soothsayer and almanac for what is likely to be a busy year for housing law. First, the things that we know will happen...
Tis the Season…
The new government's Queens Speech confirmed that there will be a Bill that will involve the ending of section 21 'no ground' possession procedure. This is something we've talked about before. It will be complicated, will involve new grounds of...
Second homelessness application and new facts
Bukartyk, R (on the application of) v Welwyn Hatfield Borough Council (2019) EWHC 3480 (Admin) A judicial review of a refusal to take a second homeless application which should really be put in the 'Councils, don't do this' list of things that...
Property Guardians and Rent Repayment Orders
Oxley v Live in Guardians Limited LON/00BG/HMF/2019/0037 Thanks to Flat Justice (who represented the applicant) for news of this First Tier Tribunal decision. Ms Oxley occupied a room and shared communal space at a property that was formerly...
Private sector discharge and unknown landlords
Teresa Ward v LB Hillingdon. County Court at Central London. HHJ Lamb QC. 11 July 2019 (not reported elsewhere, we've seen the judgment.) The issue in this s.204 Housing Act 1996 appeal was whether the review decision upholding a private rented...
“General incompetence” – Unlawful eviction and fitness for habitation
Hussein Ali Hadi Albu-Swalin v (1) Regency (UK) Ltd (2) Heartland Property Ltd (2019) County Court at Central London. 19 February 2019 We saw the appeal in this case here. I have since received a transcript of the first instance...
Tribunal costs in County Court proceedings
John Romans Park Homes Ltd v Mr Hancock, Mrs Hancock (02 Dec 19, unreported). Our grateful thanks to Amanda Gourlay for her note on this appeal. This matter concerned the Mobile Homes Act 1983, but the point is of far broader application. The case...
Property Guardians, vanishing companies and still getting it wrong
Camelot! Camelot! I know it sounds a bit bizarre, But in Camelot, Camelot That's how conditions are. Camelot! Camelot! I know it gives a person pause, But in Camelot, Camelot Those are the legal laws.* You may or may not have heard that one of the...
FTT fails natural justice on tenant’s RRO application
Wilson v Campbell (HOUSING - RENT REPAYMENT ORDER) (2019) UKUT 363 (LC) In which the Upper Tribunal gives the First Tier Tribunal a thorough ticking off over its decision on a rent repayment order application. Ms Wilson had rented a room in a house...
Manifesto mayhem
I cannot summon any enthusiasm for this election. It mostly makes me wish I lived in Scotland. But, despite this, I have forced myself to read the three main manifestos so I can summarise them for you all. Conservatives: To call this underwhelming...
Après nous le déluge – rents and water resellers
Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch) Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations...