And so, after mentioning my instruction on Danny Hyde's defence to a claim by Fergus Wilson here, the hearing came to pass.... but we'll come to the result in a minute or several. Fergus Wilson, for the few amongst you who will not have come across...
All the blog posts, most recent first
From the county courts
With grateful thanks as ever to the Legal Action Magazine Housing: Recent Developments section for information on these (and they are not noted till those reports are publicly accessible), a couple of county court cases of interest. Assured...
That was the week that was – deposits, provision of prescribed information, and Fergus Wilson
[update 22 Jan. The initial version of this post suggested that ARLA advice on providing the How to Rent Guide had been that a link was sufficient. I am very happy to be corrected on this - ARLA did not so advise and had themselves raised this...
A failure to engage – ‘Medical advisors’ on homeless vulnerability
Cherry v LB Tower Hamlets. County Court at Central London, 11th January 2018 This is a s.204 appeal of a 'not vulnerable' review decision by LB Tower Hamlets. It is of particular interest because of the consideration of the role and place of the...
Fitness for Human Habitation is go!
The Homes (Fitness for Habitation and Liability for Housing Standards) Bill passed second reading on 19 January, with a unanimous vote. The debate (interrupted by a Ministerial statement) is here and here. Because I can't resist, here are Karen...
‘How to rent’ Guide updated – important for all PRS landlords and tenants
A quick note to highlight that the MHCLG 'How to rent' booklet was updated on 17 January 2018. Apparently this was just to remove references to the 'London Rental Standard'. However, this is still important. For all new assured shorthold tenancies,...
Fitness for Habitation – now with Govt support.
I am delighted, and delighted for Karen Buck MP, to be able to say that her Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill now has government support as well as that of the Labour opposition. (Previous posts on the...
Beach huts: chattels, leases, estoppel
Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed - whether beach huts were fixtures or chattels, whether a lease had been...
Protection from neighbours – no duty
CN & Anor v Poole Borough Council (2017) EWCA Civ 2185 What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence. CN and GN...
Not 2017
I was going to do the usual roundup of the year post, but frankly, it was all too depressing. You all know what has happened, hasn't happened and ought to have happened. About that best that can be said is that the awful bits of the Housing And...
The Bedworth bedroom conundrum
Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of 'what is a bedroom' for the purposes of...
Fewer floors for HMOs and minimum room sizes.
The Housing Minister, Alok Sharma, has confirmed that the Government will be going ahead with its proposals to change the conditions for a mandatory license for HMOs to any property with 5 or more occupants in 2 or more households, regardless of...