Lees v Kaye (2022) EWHC 1151 (QB) This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller...
Suitable for the likes of you
Today (Weds 11 May) the Govt sneaked out The Homelessness (Suitability of Accommodation) (Amendment) (England) Order 2022. This comes into effect on 1 June 2022 and is stated to expire on 1 June 2023 The regs amend The Homelessness (Suitability of...
Something to look forward to
The Queen's Speech was delivered earlier today. As is usually the way, the speech itself didn't have much to say about anything. What matters - and what contains the details - is the Briefing Pack produced after each speech. It's available here. It looks...
Notes and gloats.
It is being reported that reform of the private rented sector, including the abolition of section 21, will be in the next Queen's Speech. It may not be a renters reform bill but part of a larger 'levelling up' bill, which does make one wonder about its...
The wrong order
Behjat v Crescent Trustees Ltd (2022) UKUT 115 (LC) UTLC We've previously seen some messes happen where the First Tier Tribunal judges purport to exercise their jurisdiction as county court judges, for example here. This, unfortunately, is another instance...
No messing about.
R (Elkundi) v Birmingham and R (Imam) v Croydon (2022) EWCA Civ 601 (not on Bailii yet. Copy of the judgment here) Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of...
Plus ca change
One day, at some stage before I retire from blogging, I would like to write a good news story about the regulation of the private rented sector in England. But today is not that day. For I have spent the afternoon reading "Regulation of Private Renting" by...
EPA prosecution costs
Parker, R (On the Application Of) v Bashir & Anor (2022) EWHC 358 (Admin) A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution. The prosecution had been brought in respect of a fallen...
Service and admin charges – from the Upper Tribunal
Some brief notes on recent Upper Tribunal (LC) service and administration charge decisions Marshall v Northumberland & Durham Property Trust Ltd (2022) UKUT 92 (LC) The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation...
Suitability, enquiries, gender reassignment and the public sector equality duty.
Biden v Waverley Borough Council (2022) EWCA Civ 442 An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has...
Fixed term secure tenancies and forfeiture
Croydon London Borough Council v Kalonga (2022) UKSC 7 In which the Supreme Court considered the position on termination of 'flexible tenancies' - fixed term secure tenancies - during the fixed term. We saw the Court of Appeal judgment dismissing Croydon's...
Delays to services…
Apologies, I know updates have been slow in the last few weeks - I have been very busy on a lot of time sensitive stuff and what down time I've had, has really been needed as, well, down time... But the blog has not been forgotten or abandoned, honest. There...