Of HHSRS and Hiatuses

A couple of things… MHCLG have issued an “Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings” to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide guidance on the assessment of high-rise residential buildings with unsafe […]

Improvement clauses needing improvement

Network Homes Ltd v Harlow (2018) EWHC 3120 (Ch) An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, […]

A Housing Court – MHCLG have some odd questions for you.

And so the promised ‘call for evidence’ on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this is the unveiling of any actual proposals. […]

A noisy appeal

Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms W’s neighbour  in the downstairs flat began […]

Unfixed fixed terms

Livewest Homes Ltd v Bamber (2018) EWHC 2454 (QB) This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing […]

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, […]