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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...
With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at...
Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We've seen the 'claims for multiple deposit...
1 June 2019 is quite a big day for the PRS. The Tenant Fees Act 2019 is now in force. The MHCLG Guidance for tenants, landlord and agents is here. Along with this, there is a new Form 6A, the mandatory form of section 21 notice, which must be used for all...
MHCLG recently (April 2019) put out a guidance document called "Landlord and tenant rights and responsibilities in the private rented sector". Under a heading "Guidance for tenants renting in the private sector: rights, responsibilities and advice", on page...
Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of 'variable service charge'. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would...
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details: 15 May 2019 - HLPA meeting, with Steve Lawrence of the...
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...
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...
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...
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...
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...