Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn't...
Until death us do terminate
We reported a county court appeal on the issue of termination of tenancy of a deceased tenant by service of notice on the Public Trustee in Pavey v LB Hackney here. The problem being when the notice to quit was not served on the Estate (at the property) and...
Fergus Wilson is running out of protected characteristics to discriminate against.
My apologies for the link to the Daily Mail, but it appears that Fergus Wilson is at it again. For newcomers, Wilson has a considerable history of being a Very Bad Private Landlord. For example, losing to the Equalities and Human Rights Commission on a case...
How to Rent Guide – a bit of a snafu
There is a new version of the MHCLG 'How to Rent Guide' out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the course of this...
As the years roll by….
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...