A Housing Court – MHCLG have some odd questions for you.

And so the promised ‘call for evidence’ on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this is the unveiling of any actual proposals. […]

The way of the Wilsons

With a sense of grinding inevitability, and a smidgen of schadenfreude, once more Fergus and Judith Wilson feature in these pages. (Here is the previous trail). This time, the appearance is for Judith Wilson being found guilty of failing to comply with a Housing Act 2004 enforcement order requiring her to remedy a defective hot […]

Residential Purposes

Snarecroft Ltd v Quantum Securities Ltd (2018) EWHC 2071 (Ch) This is a High Court decision from February, but it has just appeared on Bailii. The issue was the construction of a lease term which provided that the tenant must “Following the obtaining of planning consent for residential use, not to use the premises or any […]

Service charge claims – paying trial fees and concurrent jurisdiction

Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018 (not on Bailii. Lawtel note of extempore judgment) CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of […]

Who needs a wall anyway? Unfit to occupy and risk of collapse

Baillie v Savage (2018) EWHC 3035 Or, the significance of tenancy agreement clauses. A tenant had signed a two year tenancy on a house. There was no break clause. £34,000 in rent – for the full term – was paid in advance. After moving in, the tenant contacted the landlord’s agent to say that a front […]

Suitability and s.193 accommodation

Anon v LB Lewisham, Central London County Court, 5 July 2018 (Transcript of Judgment here) This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it […]

Weekend assortment

Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 ‘Priority need’, there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive illness within the next 6 months, or is in receipt of […]

Universal Credit – more woes

I may well be late to the party here, but a couple of specific issues with Universal Credit have been pointed out to me that I, at least, had not heard before. So, in case I am not alone, I pass these on. They both amount to a significant departure from the ‘legacy benefit’ position […]

You ain’t the boss of me (yet)

Barrow & Anoe v Kazim & Ors (2018) EWCA Civ 2414 When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time? The situation in this second appeal was one that is now not unusual. The previous property owners […]