An assortment of things... First an erratum to yesterday's post on the High Court judgment on applications to cancel a debt moratorium. The High Court had held that such an application must be by claim form. I was subsequently pointed at Practice...
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following....
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...
Rakusen v Jepson & Ors, Safer Renting Intervenor (2021) EWCA Civ 1150 This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal (our report here). It is of huge significance for Rent Repayment Order...
Ah, the How to Rent Guide. Is there anything that would so predictably cause problems and yet has been so frequently messed up by MHCLG? The latest instalment of the saga goes like this. On 21 July 2021, MHLCG updated the 'How to Rent Guide' page....
Sturgiss & Anor v Boddy & Ors (2021) EW Misc 10 (CC) It is, as HHJ Luba QC notes in this appeal judgment, far from an uncommon scenario. A group of people, say four of them for neatness, take a joint tenancy of a house or flat. (Neatness...
Kowalek v Hassanein Ltd (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 143 (LC) An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t"he treatment of payments made by a tenant after the landlord has stopped...
Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of...
We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021,...
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention https://twitter.com/marieajparis/status/1410593210628395011?s=21 (If you can't see the tweet, it says "My...
D'Costa v D'Andrea & Ors (HOUSING - RENT REPAYMENT ORDERS - the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D'Costa was the owner of a property in Tower Hamlets. In 2015, she let the...
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015. The...