The Renters' Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act...
Grenfell Inquiry Phase 2 report
The Phase 2 (and final) report of the Grenfell Inquiry was published today, Wednesday. You will doubtless have seen the headlines. The Inquiry does not hold back in finding responsibility for what happened on the part of all concerned (save the residents and...
Jurisdiction of the FTT on referrals of rent increases.
A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal's jurisdiction on proposed rent increases in assured and assured shorthold tenancies. The Court of Appeal one we are very late on reporting - somehow it slipped by....
Goodbye to all that?
So, a 4 July general election it is. Dissolution of Parliament will be on 30 May 2024. If Sunak hasn't already dissolved. Wash-up - pushing through remaining legislation in the course of going through Parliament, has to be completed by 24 May, when...
Housing conditions quantum – another County Court decision
Well, well. You wait four years then three come along at once. Our thanks to Doughty Street Chambers for their note of a County Court judgment on damages for disrepair and unfitness for human habitation. E v The London Borough of Lambeth (Wandsworth County...
An end to ‘a reasonable period’? Awaab’s Law
As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all 'prescribed requirements' on responding to...
Varying a possession order from discretionary to mandatory ground
Poplar HARCA v Kerr. Central London County Court 26 July 2023. (Unreported. Judgment here.) This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied...
Staying to make the parties try dispute resolution. A bit of a Tydfil
Churchill v Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 For transparency purposes, I acted for the Housing Law Practitioners Association on its intervention in this appeal. There was a great weight of expectations on this appeal, with...
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again
Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
What Katrina did (or didn’t do) next.
Regular readers will no doubt recall this remarkable case, in which Notting Hill Genesis sought and obtained a freezing injunction against a disbarred barrister, Katrina McCarthy for tortiously inducing a breach of contract by getting NHG's tenant to pay the...
Rent increase and creation of a new tenancy
Our thanks to Haroon Sarwar of TV Edwards and Marina Sergides of Garden Court for the details of this county court possession case. Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell &...
‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract.
I was going to finish off a very overdue post on a very interesting s.204 appeal on suitability, but that will have to wait - maybe tomorrow - because my jaw has just dropped on seeing this case report from Landmark Chambers. Let me just outline what has...