Assorted bits

The post on Caridon Property Ltd v Monty Shooltz (gas safety cert and s.21) now has the approved transcript of judgment attached, which may be useful for anyone arguing such cases. The section 21 validity flowchart wasn’t updated to include Caridon v Shootlz, but – making a rod for my own back – it will […]

Erratum and forthcoming consultation

A couple of notes. First, an erratum. In yesterday’s post on long leases as ASTs, I originally suggested that once a leaseholder had sublet the whole, assured status was lost and could not be revived. On prompting, I concluded that this was wrong. In fact, if a long leaseholder sublets the whole, then the lease […]

When a long lease is a shorthold.

While on leasehold issues, this has been floating around for a bit, but I don’t think it has had the attention and awareness it deserves (perhaps particularly from conveyancers). With all the fuss/scandal around leasehold houses and multiplying ground rent clauses, a more general issue with long leases and ground rent has been overlooked. The […]

More on 1 October – breach of Suspended Possession Order

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 will come into effect. The bit that concerns us is basically a one line change to Part 83 Civil Procedure Rules 1998 codifying the position that there is no need to make a separate Part 83(2) application for permission for a warrant for […]

Autumn – mellow fruitfulness and new section 21 rules

When we reach 1 October 2018, provisions of the Deregulation Act 2015 come into force, affecting all assured shorthold tenancies that commenced before 1 October 2015. Quite what those provisions are is a bit complicated, and may yet be subject to further change, but this is what it currently looks like. What will happen is […]

Eviction companies, conducting litigation, and defective notices

Kassam v Gill & Gill (13th August 2018, County Court at Birmingham) (copy of judgment here) Regular readers and long term twitter followers will know that we tend to take a dim view of unqualified, unregulated ‘evict your tenant’ set ups. Here is a very interesting case involving just such a company and in which […]

Appealing rent increases for assured tenancies

Robertson v Webb, Re Honley Road (LANDLORD & TENANT – rent determination) (2018) UKUT 235 (LC) Just a brief note on this – where a landlord serves a notice of proposed increased rent under section 13 Housing Act 1988, the tenant can apply for a determination of the rent to be charged by the First […]

Service not included.

The Queen on the application of Mr Peter Gaskin v LB Richmond Upon Thames (2018) EWHC 1996 (Admin) We didn’t report round 1 of this, probably because it was so completely inconclusive, but here is round 2 and a decision that will very significant for every Local Authority landlord/letting licensing scheme. The issue was the upfront […]

Hide and seek – unlawful eviction

Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn’t happening. Mr Insalaco had a tenancy of a room in […]

Until death us do terminate

We reported a county court appeal on the issue of termination of tenancy of a deceased tenant by service of notice on the Public Trustee in Pavey v LB Hackney here. The problem being when the notice to quit was not served on the Estate (at the property) and the Public Trustee at the same time, […]