The Blog

Bits of news and things to respond to.

Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are separate guidance documents for tenants, landlords and local authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

On sewer covers, gardens and responsibilities

Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC’s tenant. The property was a house with a front garden. The tenancy began in […]

Rights and Right to rent

Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) (For transparency, I acted for one of the interveners, the Residential Landlords Association, in this case.) This was a judicial review claim by JCWI of the Right to Rent Scheme, as […]

Job Ads – Central London

University of London Housing Services University of London Housing Services seeks a Housing Advisor for a full time, permanent position. Salary: Starting from £31,401 (Grade 6 CTS) Closing Date: 31-Mar-2019 Interview date: 10th April Do you have a passion for helping others, sense of justice and an enthusiastic and innovative approach?  Apply for the role […]

No release from gas

Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations. That […]

Job Ad – Ealing

Ealing Law Centre Award winning Law Centre seeks Housing Lawyer Salary: According to experience Working hours: 35 per week Benefits include:  22 days annual leave, flexible working and significant opportunities for learning and development. Ealing Law Centre is an award winning and highly respected law centre providing specialist legal advice and representation to our local […]

U Can’t Do This*

This is another in what turns out to be an occasional series of unregulated, unqualified ‘Evictions R Us’ outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring ‘Remove a Tenant’. Now we have another example. Ojo & Opaleye v McAuliffe, County Court at […]

HHSRS Review

A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS.  They want responses by 24th February to an online questionnaire (https://www.surveymonkey.co.uk/r/5KBYJDD) particularly from tenants and those organisations and services which provide support and advice to tenants.  There are 17 questions – this does not appear to […]

How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]