MHCLG have issued their consultation on 'Overcoming the barriers to longer tenancies in the private rented sector'. The closing date is 26 August 2018. You may have seen this trailed as bringing in three year term assured shorthold tenancies. It may be, but...
‘How to rent’ updated (and other non statutory guides)
A new 'How to Rent' Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic tenancies) that...
Fitness for Human Habitation – developments
What was the Homes (Fitness for Human Habitation and Liability for Building Standards) Bill went through Committee stage in the House of Commons today, 20 June. I'm delighted to say that it went smoothly, with the only amendments proposed and passed being...
Another step for Fitness for Habitation, and getting unlawful eviction wrong
Some quick notes. First, the Homes (Fitness for Human Habitation) Bill finally has a Commons committee date! This is the next step after second reading. The committee is on 20 June 2018 and we have high hopes of getting the Bill and amendments through in one...
Too soon?
Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing the prescribed information before a deposit has actually...
Forthcoming law (and informed consent)
The Tenant Fees Bill has had its second reading. The current Bill and its progress are here. There is a lot to digest in the Bill and I suspect there will be amendments on route. There are a whole new range of civil penalties, possible offences and...
Court of Appeal on illegal eviction – quantum and heads of claim.
Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant's appeal. But that is what we have here. There are some useful bits along the way, the correction of some errant views...
On the Naughty Step – ‘Accommodation Clubs’
To misquote Groucho Marx, you really don't want to belong to any such club that would have you as a member. I've been hearing about these set ups for a while. They seem to be the latest thing in bloody stupid 'get rich quick from residential property that...
Bits – tenant fees, airbnb and more
The Tenant Fees Bill is now underway. The first reading was on 2 May 2018. The Bill page is here. The Govt response to the CLG select committee report on the proposals is here. Notable in the the Bill is a proposed ban on serving a s.21 notice while an...
Automatic discharge of suspended possession order – it depends
Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a warrant on breach of terms in the interim and those...
‘Things not to do’ corner – Deposit protection counterclaim edition
Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by the landlord Wood was met with a defence and counterclaim...
Errata – AST regulations and non-existent requirements.
Yes, there is indeed a backlog of cases to write up, covering issues from who pays for cladding removal, through Tribunals and the Human Rights Act, to the proper venue for a claim for accommodation pending s.204 appeal where there was no review decision....