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 Tyndale, the landlord, on the basis that the landlord had attempted to lock him […]

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 repayment order application raises a couple of interesting issues. First, when is an […]

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 on EPCs and gas safety certificates. It will […]

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 August 2019 (unreported elsewhere, I’ve seen a note of […]

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 one, I believe. The reason for the rant is that these set ups […]

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 May 2019 The Assured Tenancies and Agricultural Occupancies […]

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 gov.uk site.  According to 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 Guide, sneaked out without anything to announce on 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 facts. Ms B was granted a 7 […]