A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
Not so full and frank disclosure
A case dealing with the duty to make full and frank disclosure when applying for an anti-social behaviour injunction without notice.
PSED, breach and ‘subsequent compliance’.
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that...
The things you never told me….
TJ v London & Quadrant Housing Trust, County Court at Central London, 18 November 2020, HHJ Saggerson. (Unreported, but I've seen the judgment.) This was a claim in negligent misstatement brought by Ms J. (For transparency, my Anthony Gold colleague...
Finally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also when it was extended for the national lockdown. Today it...
Lockdown 2 evictions
Look, I have to be honest, this is getting silly now. On evictions during the now commenced lockdown, the Lord Chancellor, Robert Buckland QC, has once again written a letter to the High Court Enforcement Officers Association (and one has to presume written...
Here come the new rules, (not quite) the same as the old rules – Notice periods
In that delightfully wilful way that we housing lawyers have come to know and love*, the Govt chose Friday afternoon 28 August to drop The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 on an...
Assortment – Priorities, and FAQS
Priorities In case you hadn't seen it already, HMCTS are publishing a daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak. This includes civil (County) court listing priorities. As of 15 April 2020, "Priority 1 – work...
Emergency legislation on possession claims
I've seen the draft amendments to the Coronavirus Bill on housing possession. A word of caution, this was a draft from 22 March, not the actual amends due to be put forward today 23 March. I was waiting for those to be made public to check, but that has not...
From the County Courts – s.21 timing, breach of PSED
A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them. (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August...
In the county courts – succession, possession and warrants
Our thanks to the Housing: Recent Developments team in the July/August Legal Action for notes on these two cases. Lambeth LBC v Casey County Court at Clerkenwell and Shoreditch, 5 June 2019 Ms C had succeeded to the tenancy of a two bedroom flat. Lambeth...
Breach of PSED and consequences for possession
Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings. Mr F had an assured tenancy from Aldwyck. Soon...