More on 1 October – breach of Suspended Possession Order

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 will come into effect. The bit that concerns us is basically a one line change to Part 83 Civil Procedure Rules 1998 codifying the position that there is no need to make a separate Part 83(2) application for permission for a warrant for […]

Appealing rent increases for assured tenancies

Robertson v Webb, Re Honley Road (LANDLORD & TENANT – rent determination) (2018) UKUT 235 (LC) Just a brief note on this – where a landlord serves a notice of proposed increased rent under section 13 Housing Act 1988, the tenant can apply for a determination of the rent to be charged by the First […]

Equality Act and Evictions

Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was Paragon’s assured tenant. Following possession proceedings on grounds of nuisance and harassment, defended on […]

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 the Public Trustee at the same time, […]

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 those brought by Karen Buck MP herself. The Bill as amended – now […]

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 proceedings are ongoing? Mr A was the secure tenant of Ashfield DC. […]

On a Housing Court and (not) making things simpler.

A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not […]