I'm not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT - SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie, the current leaseholder, sought to challenge service...
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...
The way of the Wilsons
With a sense of grinding inevitability, and a smidgen of schadenfreude, once more Fergus and Judith Wilson feature in these pages. (Here is the previous trail). This time, the appearance is for Judith Wilson being found guilty of failing to comply with a...
Who needs a wall anyway? Unfit to occupy and risk of collapse
Baillie v Savage (2018) EWHC 3035 Or, the significance of tenancy agreement clauses. A tenant had signed a two year tenancy on a house. There was no break clause. £34,000 in rent - for the full term - was paid in advance. After moving in, the tenant...
Doing the same thing all over again
Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our...
‘How to rent’ updated (and other non statutory guides)
A new 'How to Rent' Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic tenancies) that...
Fitness for Human Habitation – developments
What was the Homes (Fitness for Human Habitation and Liability for Building Standards) Bill went through Committee stage in the House of Commons today, 20 June. I'm delighted to say that it went smoothly, with the only amendments proposed and passed being...
Another step for Fitness for Habitation, and getting unlawful eviction wrong
Some quick notes. First, the Homes (Fitness for Human Habitation) Bill finally has a Commons committee date! This is the next step after second reading. The committee is on 20 June 2018 and we have high hopes of getting the Bill and amendments through in one...
Fitness for Human Habitation is go!
The Homes (Fitness for Habitation and Liability for Housing Standards) Bill passed second reading on 19 January, with a unanimous vote. The debate (interrupted by a Ministerial statement) is here and here. Because I can't resist, here are Karen Buck's...
Fitness for Habitation – now with Govt support.
I am delighted, and delighted for Karen Buck MP, to be able to say that her Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill now has government support as well as that of the Labour opposition. (Previous posts on the then draft...
Time to contact your MP – Homes Fit For Habitation
As I may have reminded you once or twice already (and no doubt will again), the second reading of Karen Buck MP's Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is on 19 January 2018. This is a private members bill. It is very...
Closing the Gaps – the failure of the law on health & safety at home
Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed. The report is here and summary...