Triplerose Ltd v Ninety Broomfield Road RTM Co Ltd [2015] EWCA Civ 282 This is a rare treat for our RTM fan (he knows who he is) - a decision of the Court of Appeal on the right to manage provisions in Commonhold and Leasehold Reform Act 2002. I...
All the blog posts, most recent first
Deposits – the White Book is wrong
The 2015 White Book, (the bible of the Civil Procedure Rules) contains a serious error in the sections on tenancy deposit claims under s.214 Housing Act 2004. It appears that the notes do not correctly deal with the effects of the Localism Act...
Trial judge and costs. Ooops.
I've heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v...
Bedroom tax and landlord’s bedroom count – UT again
The Upper Tribunal (Administrative Appeals) seems to have taken an opportunity to re-state, in clear terms, one of the findings of SSWP v David Nelson and Fife Council [2014] UKUT 0525 (AAC) [Our report here]. The key issue was the extent to which...
End of days miscellany
No, I am not going to comment much on the ongoing, unravelling farce of the NHF 'voluntary deal' on housing association right to buy. Partly because nobody seems to have a clue what is going on and what it would actually mean - apparently including...
Putting section 21 right – again.
Just a quick note to record that The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 have been made. The only purpose of these regulations is to address the mess that had been made of the...
Listen very carefully, I shall do this only once
The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on...
Right to reside – Carry on as before?
Following hard on the heels of J's excellent post on the Immigration Bill, we now have further discussion of the EU right to reside rules by the CJEU in Jobcenter Berlin Neukolln v Alimanovic Case C-67/14 (to which I might say, good luck...
Doesn’t it make you proud to be English?*
The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage. The...
1 October 2015 – section 21 day
[Update 29/09/2015. New regulations correcting the obvious errors in the new prescribed section 21 notice have now been made. See here.] On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21...
All of the wrong. And then some more.
Kazadi v Martin Brookes Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold tenancy deposit and unlawful eviction case in...
Hazard? What Hazard?
When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties? The first part of the answer to this question was provided by the Court of Appeal in Temur v LB Hackney [2014] EWCA Civ 877 (our...