Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be signed in...
The things you never told me….
TJ v London & Quadrant Housing Trust, County Court at Central London, 18 November 2020, HHJ Saggerson. (Unreported, but I've seen the judgment.) This was a claim in negligent misstatement brought by Ms J. (For transparency, my Anthony Gold colleague...
Overcrowding, children getting older and ‘deliberate acts’.
Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697 The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark's decision that the Flores family being in a...
Finally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also when it was extended for the national lockdown. Today it...
Water Sellers
The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss (2020) EWCA Civ 1381 This was RB Kingston upon Thames' appeal of the High Court's finding that it was a 'water reseller' under the Water Resale Orders 2001 and 2006, and thus not...
I’m not demanding, I’m telling you – section 8 notices
Prempeh v Lakhany (2020) EWCA Civ 1422 We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a 'demand for rent' for the purposes of section 47...
Death and Notices.
Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339 In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal...
Nomination agreements and discrimination
Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) (2020) UKSC 40 The issue of the application of the Equality Act to local authority nomination agreements with housing charities reached the Supreme Court. This was...
Lockdown 2 evictions
Look, I have to be honest, this is getting silly now. On evictions during the now commenced lockdown, the Lord Chancellor, Robert Buckland QC, has once again written a letter to the High Court Enforcement Officers Association (and one has to presume written...
Assortimenti – pre action protocols and stay of eviction hearings
A couple of notes of things of interest and concern. Firstly. The Civil Justice Council is currently conducting a review of the Pre-action protocols. As part of this review we are seeking preliminary views from interested parties on the purpose and operation...
Which Tier are you in, or out?
Via the High Court Enforcement Officers Association, comes sight of a letter from the Lord Chancellor to the HCEOA requesting that no evictions are carried out: a) where Tier 2 or Tier 3 restrictions are in place, and b) during the 11 December 2020 to 11...