A new version of the How to Rent Guide was released today, 2 October 2023. This needs to be given to the tenant on all new and replacement tenancies (including on statutory periodic arising) from today onwards. NB - 'given' means a physical copy given to the...
Damp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a quick note on two recent DLUHC/govt publications on damp and...
Return of deposit by cheque – Definitely maybe.
Richworth Ltd v Billingham (2023) EW Misc 8 (CC) Over the years we've seen a number of county court decisions on the issue of when a deposit counts as returned for the purposes of being able to serve a section 21 notice (see here and the links in that...
From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision
Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues. Yambasu v London Borough of Southwark (LANDLORD AND TENANT - SERVICE CHARGES - Consultation requirements for qualifying long-term agreements)...
Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place
A couple of County Court judgments - by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and...
Wales – Renting Homes updates: The Good, the Bad and the Converted – part 2
Our grateful thanks as ever to Mike Norman of Harrow Law Centre for Part 2 of his updates on the implementation of Renting Homes (Wales) Act. Part 1 is here. Wales - Renting Homes updates: The Good, the Bad and the Converted - part 2 Introduced by the...
Wales: The Good, the Bad and the Converted – part 1
Our very grateful thanks for the following (and hopefully Part 2) to Mike Norman of Harrow Law Centre, who has been appointed, whether he likes it or not, as our Wales correspondent - NL. (Part 2 is now here.) Followers of the updates under Renting Homes...
Odds and ends
A few snippets of cases of interest: Healey v Fraine & Ors (2023) EWCA Civ 549 Confirmation by the Court of Appeal, if confirmation was needed, that one can't be simultaneously in occupation as a licensee, and in adverse possession of the property under...
Renters (Reform) Bill – overview Part 2
Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it... Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn't...
Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1
It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...
Illegal eviction – attempted or accomplished?
Wu v Chelmsford City Council (2023) EWCA Crim 338 Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place). Brief facts - Mr and Mrs Krishnamoorthy had a...
How to Rent Guide – new version
DLUHC has today (24 March 2023) issued a revised version of the How to Rent guide. This is important because for any post 1 October 2015 assured shorthold tenancy, or ‘renewal’ tenancy (where the guide as been updated at the time of the new tenancy), the...