No, really. I'm not being melodramatic. Not all tenants, and not all landlords, granted, but that is exactly what HMRC say may be done. This is all about non-resident landlords, living overseas for more than 6 months a year. HMRC are (quite possibly rightly)...
Banned leader
Look, look! A banning order! I don't know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber) decision on...
Injunctions, evictions and unrepresented parties
Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019 (unreported, but note of extempore judgment on lawtel) The kind of thing that happens when neither party is represented... In December 2018, Mr Brown had obtained an ex parte injunction against Mr...
Rent Repayment Orders – who is the landlord?
Our grateful thanks to Alasdair McClenahan of Justice for Tenants for a copy of this decision and his notes. Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision) This FTT decision on a rent...
Updated section 21 flowchart
I've had a go at updating the section 21 validity flow chart. It now incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought - I think it works, but constructive criticism welcome), and updates notes...
Possession and licensing in Wales
Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20...
We need to talk about claims farmers…
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...
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...
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...
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...
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...
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...