Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed...
Deposits – Better to give than to receive
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B...
Sectoral Regulation Without Section 21
One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is...
When an ‘or’ is an ‘and’ in Wales
Evans v Fleri (2019) EW Misc 12 (CC) A lesson in drafting from Wales. The Housing (Wales) Act 2014 provides at Section 7(1) The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the...
Prohibition Orders and ending tenancies
T v W. County Court at Central London. 16 April 2019 (Unreported) T was the owner of a property. The property was subject to a prohibition order served by LB Croydon. Nonetheless, T let a dwelling in the property to W. (T denied knowledge of the prohibition...
The End of Section 21
I'd suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest....
I Hate Those MEESes to Pieces*
Introduction 1st April 2019 saw the introduction of the significantly amended Minimum Energy Efficiency Standards (MEES) for private sector landlords. These provisions have been delayed several times and fudged around a fair bit along the way. These...
Of new tenancy terms and unfortunate neologisms
It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for...
Forthcoming…
In case you needed reminding (and don't worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on 'fitness'...
Getting a policy wrong – Housing Act 2004 enforcement in Hull
Humber Landlords Association v Hull City Council (2019) EWHC 332 (Admin) (not on Baiili yet, copy of the judgment here). There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the...
Bits of news and things to respond to.
Assorted things... MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 - or as they call it, 'the Homes Act'. There are separate guidance documents for tenants, landlords and local...
Rights and Right to rent
Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) (For transparency, I acted for one of the interveners, the Residential Landlords Association, in this case.) This was...