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As of today, 20 March 2020, section 9B(4) of Landlord and Tenant Act 1985 means that the section 9A 'fit for human habitation' obligation applies to all periodic and secure tenancies in England that existed on 20 March 2019 and are ongoing. This means that...
The Government has just announced emergency legislation to do the following: Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least). Introduce a new pre-action protocol for possession claims,...
Ahead of the government introducing the bill for emergency Coronavirus related measures later this week, Labour have published a draft bit of legislation which addresses the position of (most) renters where they fail to pay rent due to effects of the...
I kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the...
We don't often run 'think-pieces' (this may be too generous a description), at least not when unattached to new case law, but the ongoing transformation of 'disrepair' into 'housing conditions' claims has got me (and I know others who write here) thinking...
Pease v Carter & Anor (2020) EWCA Civ 175 Does an error in a section 8 notice - in this case specifically as to the earliest date on which possession proceedings can begin - invalidate the notice? At first instance in this case, the landlord had served a...
[Update 13 Jan. The new protocols are out and in force today - Housing Disrepair (England), and Social Landlord Possession Claims ] Be still my beating heart, there will be two new/revised pre-action protocols on 13 January 2020. There will be a revised...
2020 then. The years keep coming, with uncaring relentlessness. Still, putting a brave face on it, I shall combine the roles of soothsayer and almanac for what is likely to be a busy year for housing law. First, the things that we know will happen and when....
Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch) Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under...
RR v Secretary of State for Work and Pensions (2019) UKSC 52 The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant's human rights has...
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...
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...