This is something I’ve been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified one, I believe. The reason for the rant is that these set ups […]
Category Archives: Assured Shorthold tenancy
The heavens rejoice – Sale and rent back and proprietary estoppel
Sahota v Prior & Anor (2019) EWHC 1418 (Ch) Just a short note, but worth it, because every angel in heaven sings when a ‘sale and rent back’ set up comes to grief Briefly, Mr & Mrs Prior bought their home 35 years ago. At some point, they got into financial difficulties and were facing […]
Form 6A section 21 notice update
After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up. The form 6A has been replaced with the version in the May 2019 The Assured Tenancies and Agricultural Occupancies […]
Deja vu all over again
[Update 12 August 2019 – MHCLG have acknowledged that this was an error and have corrected the form 6A on the gov.uk page, with a note. So that form is OK to use again.] On 8 August 2019, MHCLG published an amended Form 6A section 21 notice on the gov.uk site. According to the […]
How to rent guides – sneak updates
Many thanks to Rich Greenhill (@RichGreenhill ) for spotting this. The last official update to the MHCLG ‘How to Rent’ Guide was on 31 May 2019, to take into account the Tenant Fees Act 2019. However, since then, there have been two further changes to the Guide, sneaked out without anything to announce on the […]
Fixed terms that then aren’t
Livewest Homes Ltd v Bamber (2019) EWCA Civ 1174 This was the Court of Appeal hearing of a second appeal on the issue of when six months notice of intention to terminate a tenancy must be given under section 21(1B). We noted the first appeal here. The brief facts. Ms B was granted a 7 […]
Gas Safety and section 21 – late inspections
With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at Bromley. 25 July 2019 This was a set aside application of a possession […]
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 […]
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 […]
