Case of J. D. and A. v United Kingdom 32949/17 34614/17 The Supreme Court (Lady Hale and Lord Carnwath dissenting) found justified discrimination in imposing the bedroom tax on a woman who, as a result of domestic violence, had had her home treated under the...
From the County Courts – s.21 timing, breach of PSED
A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them. (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August...
Warrants of possession – fresh grounds and Equality Act defences
Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the...
Whose windows are these?
As should be well known, when it comes to landlord's repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the...
We need to talk about claims farmers…
This is something I've been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified...
Breach of PSED and consequences for possession
Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings. Mr F had an assured tenancy from Aldwyck. Soon...
Fixed terms that then aren’t
Livewest Homes Ltd v Bamber (2019) EWCA Civ 1174 This was the Court of Appeal hearing of a second appeal on the issue of when six months notice of intention to terminate a tenancy must be given under section 21(1B). We noted the first appeal here. The brief...
Hypothetical bedrooms
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 If you can only actually fit one child into a bedroom and you have two children, how many bedrooms should you be allowed under the bedroom tax regulations (Regulation...
Gimme Gimme Gimme
Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC) Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy...
Mistaken protection
Hook v Hawkins (LANDLORD AND TENANT – Rent (Agriculture) Act 1976) (2019) UKUT 147 (LC) It is not often we get cases involving the Rent (Agriculture Act) 1976. This Upper Tribunal appeal does concern that Act, albeit only to decide that the Act wasn't...
The End of Section 21
I'd suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest....
I Hate Those MEESes to Pieces*
Introduction 1st April 2019 saw the introduction of the significantly amended Minimum Energy Efficiency Standards (MEES) for private sector landlords. These provisions have been delayed several times and fudged around a fair bit along the way. These...