Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment. Applications for injunctions under Part 1 of ASBCPA 2014 seem to...
News things
There were a few announcements today and a Supreme Court decision. By far the biggest one, if you live in or are a landlord, or indeed a housing lawyer, in Wales is that the Renting Homes (Wales) Act 2016 will be implemented (come into force) on 15 July...
Remedying breach of Public Sector Equality Duty (or not)
Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) (our note) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to...
Still with the old, bring in the new. Wales update and preview.
Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
Possession news
A couple of items on possession claims and evictions. And another occasion to overuse exclamation marks. According to the Minutes of the CPR Committee meeting of 8 October 2021, Practice Direction 55C will be sort of coming to an end on 30 November 2021, but...
Damp and Mould – “It’s not lifestyle”.
The Housing Ombudsman has released a special spotlight report addressing the issue of damp and mould, called "Spotlight on: Damp and mould. It’s not lifestyle" It is the result of both the media spotlight on social housing conditions (ITV News with Dan...
Possession proceedings – end of the ‘overall arrangements’.
Yesterday (3 November) a statement from the Master of the Rolls announcing the end of the 'overall arrangements for possession proceedings', as of 1 November 2021, was put up on the judiciary website. The statement is here. (The original version of this post...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of entitlement to...
1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following. Extend the...
Misc – notice periods, evictions and an ASBi for illegal eviction
A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
Not so full and frank disclosure
A case dealing with the duty to make full and frank disclosure when applying for an anti-social behaviour injunction without notice.