Godson v London Borough of Enfield (2019) EWCA Civ 486 This is a rather odd second appeal, brought by Mr Godson in person. The brief facts were that Mr G was in temporary accommodation after Enfield accepted that it owed him the full housing duty...
All the blog posts, most recent first
Out of time homelessness appeals – trying to find representation not good enough reason
London Borough of Hamlets v Al Ahmed (2019) EWHC 749 (QB) Mr Ahmed had applied to Tower Hamlets (oddly named as 'Hamlets' in the reported judgment) as homeless. A decision that he was not in priority need underwent a s.202 review, which upheld...
Property Guardians and HMOs – guilty
For some reason that, quite frankly, escapes me, assorted 'powers that be' have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties...
Second possession orders and estoppel
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings. Mr Mantato was Salix...
The worst Part VII homeless decision ever?
There are bad homeless decisions by local authorities. We've all seen them. Findings of intentional homelessness for being evicted for complaining about a broken shower, or being evicted for getting pregnant in an HMO that didn't allow children....
Game of forfeits
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the...
Of new tenancy terms and unfortunate neologisms
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes...
Forthcoming…
In case you needed reminding (and don't worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on...
Getting a policy wrong – Housing Act 2004 enforcement in Hull
Humber Landlords Association v Hull City Council (2019) EWHC 332 (Admin) (not on Baiili yet, copy of the judgment here). There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you...
Broken windows and temporary repairs.
Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC) I'm not going to go into great detail on this case, despite its various enticing complications - an iconic new Manchester building (pictured above), Carillion (the contractor...
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...
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...