Reasonable Expenses and intentional homelessness

Samuels v Birmingham City Council (2019) UKSC 28 The Supreme Court, finally, has delivered its judgment on the issue of the assessment of ‘reasonable expenses’ when considering the affordability of rent in homelessness decisions. In this case, where Ms Samuels was evicted for rent rent arrears and Birmingham CC had found her intentionally homeless, despite a […]

Deposit penalties. How many breaches is too many?

Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a […]

1 June 2019 and the Private Rental Sector

1 June 2019 is quite a big day for the PRS. The Tenant Fees Act 2019 is now in force. The MHCLG Guidance for tenants, landlord and agents is here. Along with this, there is a new Form 6A, the mandatory form of section 21 notice, which must be used for all assured shorthold tenancies […]

Possession and the PSED (again)

London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty […]

A bit of a pause

I’m looking at four cases that need writing up. None earth-shattering but all worthy of note. There is also the coming into force of the Tenant Fees Act 2019 on 1 June, which needs a post, and indeed an updating of the s.21 flowchart. But any writing up of these (and anything else that comes […]

Gimme Gimme Gimme

Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our […]

Getting Guidance wrong and the perils of not updating legislation

MHCLG recently (April 2019) put out a guidance document called “Landlord and tenant rights and responsibilities in the private rented sector“. Under a heading “Guidance for tenants renting in the private sector: rights, responsibilities and advice”, on page 12 are the following on potential penalties for harassment by a landlord, and for illegal eviction by […]

Mistaken protection

Hook v Hawkins (LANDLORD AND TENANT – Rent (Agriculture) Act 1976) (2019) UKUT 147 (LC) It is not often we get cases involving the Rent (Agriculture Act) 1976. This Upper Tribunal appeal does concern that Act, albeit only to decide that the Act wasn’t involved any longer. The FTT decision at issue was that it […]

Don’t go changing…

Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of ‘variable service charge’. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would provide specified services and that the tenant would pay a service charge […]