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Trecarrell House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court...
This is another in what turns out to be an occasional series of unregulated, unqualified 'Evictions R Us' outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring 'Remove a...
Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don't think we quite appreciated the general significance of the case. We certainly didn't anticipate that it might...
As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a forthcoming book... The Act amends the Landlord and Tenant...
The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal assent on 20 December. The Bill/Act provides that it...
A couple of things... MHCLG have issued an "Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings" to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide...
We saw the case of McDonald v McDonald through the Court of Appeal and the Supreme Court. The Supreme Court found that as between private parties, there was no right to a proportionality review of eviction under the Section 21 possession claim procedure....
I'm not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT - SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie, the current leaseholder, sought to challenge service...
And so the promised 'call for evidence' on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this...
With a sense of grinding inevitability, and a smidgen of schadenfreude, once more Fergus and Judith Wilson feature in these pages. (Here is the previous trail). This time, the appearance is for Judith Wilson being found guilty of failing to comply with a...
Baillie v Savage (2018) EWHC 3035 Or, the significance of tenancy agreement clauses. A tenant had signed a two year tenancy on a house. There was no break clause. £34,000 in rent - for the full term - was paid in advance. After moving in, the tenant...
Barrow & Anoe v Kazim & Ors (2018) EWCA Civ 2414 When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant's landlord at that time? The situation in this second appeal was one that is now...