Kowalek v Hassanein Ltd (HOUSING - RENT REPAYMENT ORDER) (2021) UKUT 143 (LC) An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t"he treatment of payments made by a tenant after the landlord has stopped committing...
Committed to committal
Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for...
Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant
We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021, are...
‘If you’re not too hot, we’re evicting you”
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention https://twitter.com/marieajparis/status/1410593210628395011?s=21 (If you can't see the tweet, it says "My client...
A reasonable excuse defence to an RRO – ‘they told me they’d tell me’
D'Costa v D'Andrea & Ors (HOUSING - RENT REPAYMENT ORDERS - the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D'Costa was the owner of a property in Tower Hamlets. In 2015, she let the property...
EPCs and pre 1 October 2015 tenancies
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015. The Hathaways had...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
Banning Order? Simples.
LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes LON/00BA/HBA/2020/0011 (not on Bailii yet. Copy of decision here.) A banning order! One of - if we are being honest - far too few to date (even taking into account the time lag for...
The Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented...
Less Notice! More Forms! End of eviction ban!
I know, I know - it is a Wednesday, so you weren't expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt announced that from 1 June 2021 there will be new notice periods...
Rent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant. Ms Leibel was one...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England)...