On a Housing Court and (not) making things simpler.

A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not […]

How late it was, how late

On the death of a tenant (without successor, if there is a possible succession) section 18 Law of Property (Miscellaneous Provisions) Act 1994 provides: “Notices affecting land: service on personal representatives before filing of grant. (1) A notice affecting land which would have been authorised or required to be served on a person but for his […]

Bits and pieces

Yes, I know we still need to write up Rother District Council v Freeman-Roach (2018) EWCA Civ 368 on the approach to ‘significantly more vulnerable’ in homeless review decisions, and we will, we will. And there are other cases too. I also want to write something on the ‘housing court’ idea that is floating around. But […]

‘No DSS’ and discrimination

The BBC ran a new report today on a case in Birmingham. The headline – “Landlords who say ‘no DSS’ breaking equality laws” – was, as we shall see, somewhat misleading, but the report did indeed cover a discrimination claim against a letting agency who had refused to consider a woman and single mother as […]

There can be only one!

The MHCLG have announced a consultation ‘Strengthening consumer redress in the housing market’, which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the whole housing sector – social and private landlord, letting agents, tenants and buyers of new build properties. Even, it […]

‘Can’t Pay..’ will have to pay.

Ali and Aslam v Channel 5 Broadcast Ltd (2018) EWHC 298 (Ch) I won’t go into detail – do read the judgment for the oddest mashup of housing law, media law and privacy law we have encountered (so far) – but suffice it to say that a husband and wife evicted by High Court Sheriffs […]

I can serve this only once – gas safety certificates

Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment) First our thanks to Matthew Cannings of 3 Paper Buildings for note of judgment and Richard Cherry of 33 Bedford Row for details (counsel for appellant and respondent, respectively). This was an appeal to a circuit judge of […]

Breaching licensing and proceeds of crime

(Our thanks to Spencer Turner for this guest post) Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow)) The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions. Background The Defendants were prosecuted by Brent London Borough Council for various […]

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 Property Service Ltd v Ooo, County Court at Edmonton, 30 June 2017 Ms Ooo was an assured […]