The Blog

Fixed terms that then aren’t

Livewest Homes Ltd v Bamber (2019) EWCA Civ 1174 This was the Court of Appeal hearing of a second appeal on the issue of when six months notice of intention to terminate a tenancy must be given under section 21(1B). We noted the first appeal here. The brief facts. Ms B was granted a 7 […]

Gas Safety and section 21 – late inspections

With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at Bromley. 25 July 2019 This was a set aside application of a possession […]

Hypothetical bedrooms

The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation B13)? The Upper Tribunal said two (our report here), but […]

Job Ads – Southwark and Wembley

Anthony Gold Solicitors London SE17 Solicitor – Housing & Property Disputes Anthony Gold has an exciting opportunity for a Housing and Property Disputes solicitor to handle a varied and interesting caseload, based at our Elephant & Castle office. The firm is a recognised leader in this area, with a commitment to providing excellent client services […]

Too late to waive

Yildiz v London Borough of Hackney (2019) EWCA Civ 1331 Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court […]

Reasonable Expenses and intentional homelessness

Samuels v Birmingham City Council (2019) UKSC 28 The Supreme Court, finally, has delivered its judgment on the issue of the assessment of ‘reasonable expenses’ when considering the affordability of rent in homelessness decisions. In this case, where Ms Samuels was evicted for rent rent arrears and Birmingham CC had found her intentionally homeless, despite a […]

Deposit penalties. How many breaches is too many?

Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a […]

1 June 2019 and the Private Rental Sector

1 June 2019 is quite a big day for the PRS. The Tenant Fees Act 2019 is now in force. The MHCLG Guidance for tenants, landlord and agents is here. Along with this, there is a new Form 6A, the mandatory form of section 21 notice, which must be used for all assured shorthold tenancies […]

Possession and the PSED (again)

London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty […]

A bit of a pause

I’m looking at four cases that need writing up. None earth-shattering but all worthy of note. There is also the coming into force of the Tenant Fees Act 2019 on 1 June, which needs a post, and indeed an updating of the s.21 flowchart. But any writing up of these (and anything else that comes […]