Hide and Seek with Justice – A Rant

(Updated 26/10/2017 – at the bottom) Access to justice is one thing. Actually being able to find it another. This is the sorry, sad, truly pathetic tale of the fall out of the closure of Lambeth County Court. I’m sorry for length, but hell, it has been a long, painful trip. In late 2015, the […]

Fitness for Habitation 2.0 – Q&A and call to arms

If you haven’t already heard, Karen Buck MP got fourth place in the 2017 ballot for private members bills. And she has taken this opportunity to bring forward a new version of the ‘Fitness for Habitation’ Bill that was filibustered in 2015 (and then was voted down as an amendment to the Housing and Planning […]

Subletting and defamation – a novel approach

There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value. Howell v South London Church Fund & Southwark Diocesan Board of Finance (2017) QBD […]

On the naughty step – Physician heal thyself edition

If Nearly Legal has a mantra, it is this: “Everyone should have a housing lawyer with them at all times”. Or, at the bare minimum, a landlord and tenant lawyer. We had taken the reasonableness of this to be self-evident. However, it seems even this basic safety net might not be enough. Meet Lewis Perry, […]

Warrant on Suspended order – What do you think?

Following the judgment in Cardiff City Council v Lee (2016) EWCA Civ 1034 (our report) and the subsequent appearance of new forms, at least for rent arrears suspended possession order cases, the Civil Procedure Rules Committee is having a consultation on “whether amendments are required to rules and forms in light of the Court of Appeal […]

One Million Pounds!

Diaz v Karim [2017] EWHC 595 (QB) The schedule of special damages – never straightforward. The belongings that had to be thrown out, or were taken and not returned. The difficulty in evidencing them, the difficulty in evidencing proof of purchase (who keeps receipts for years? Bank statements or card statements might identify a shop […]

Aesthetics, unlawful kitchens and warehousing bus drivers

A triplet of brief notes. Zipporah Lisle-Mainwaring won a judicial review of the Magistrates and Crown Court decisions upholding RB Kensington & Chelsea’s Notice under s.215 Town and County Planning Act 1990, ordering her to paint her Kensington property white, to cover the stripes that may or may not have been painted on the exterior […]

Water and youth

Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]

Andy Gale, misuse and me. FAO housing options officers

[Update 20/03/17 – Locata have come back to me again and are changing the relevant wording in the toolkit. The issue is resolved.] I didn’t want to have to write this, but sadly I have to, to protect my and our own position here on NL. Because Andy Gale (known to many in homelessness services) and […]

Erratum – s.21 flowchart

I am surprised it had not happened sooner, because there had to be some, but today someone spotted an error in the section 21 notice flowchart – specifically in the end-note about s.21(4)(a) notices for tenancies that were periodic from the outset. A corrected flowchart is now available here. All other reports of errors gratefully […]