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. Really. Truly. Feel free to take a moment. I found out on Friday, under embargo, and […]

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 regulations are made pursuant to powers granted by Chapter 2, Energy Act 2011. The regulations were originally made […]

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 Human Habitation) Act 2018, (version 2, or 4, depending […]

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’ in relation to Section 1 Defective Premises Act 1972 cases here. And MHCLG […]

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 policy you are challenging wrong is up there in the ‘somewhat […]

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 authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

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 a judicial review claim by JCWI of the Right to Rent Scheme, as […]

No release from gas

Trecarrel 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 appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations. That […]

U Can’t Do This*

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 Tenant’. Now we have another example. Ojo & Opaleye v McAuliffe, County Court at […]

Build defects and fitness for habitation

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 subsequently become otherwise significant because of a change in the […]