As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a 'No DSS' policy (meaning a refusal to even consider people claiming housing related benefits - who are often employed...
Getting late legal advice not a ground for set aside of possession order
Sangha v Amicus Finance Plc (2020) EWHC 1074 (Ch) This was Mr Sangha's appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The...
Either/Or, not Both.
Karimi v Southwark LBC, County Court at Central London, 26 April 2020 (note in July/August 2020 Legal Action - Housing: Recent Developments) Mr Karimi had applied to Southwark as homeless. Southwark found he was not in priority need in a s.184 decision. Mr K...
We don’t do that in Wales
Jarvis v Evans & Anor (2020) EWCA Civ 854 The question for the Court of Appeal on this second appeal was does failing to be licensed under the Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21...
Evidencing a joint tenancy
Vale of Aylesbury Housing Trust Limited v Richens (2020) EWHC 685 (Ch) An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time...
Dispensing with section 20 – requirements on landlord
Aster Communities v Chapman & Ors (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 177 (LC) A quick note on this one. Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they...
Two thirds of a stay
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (2020) EWCA Civ 833 (02 July 2020) Another Court of Appeal challenge to the PD 51Z stay (and, by extension, the CPR 55.29 stay) this time brought to you courtesy of...
Adventures in forfeiture – brothels and specifying the breach
Marchitelli v 15 Westgate Terrace Ltd (2020) UKUT 192 (LC) An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any...
New Homelessness Statutory Guidance for England – priority need
Today, 29 June 2020, MHCLG issued an update to the statutory Homelessness code of guidance for local authorities. The relevant updates are to the chapter on priority need and consist of a new paragraph 8.44 and 8.45, as follows: 8.44 COVID-19: Housing...
Unfurnished temporary accommodation – is it suitable?
Escott, R (On the application of) v Chichester District Council (2020) EWHC 1687 (Admin) A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained...
News bits – homelessness policies
A couple of news items, both relating to homelessness policies. First, following a judicial review challenge, LB Lambeth has agreed to end its ‘Temp2Settled’ Scheme. Under this scheme, since 2014, homeless applicants were promised higher priority on the...
I want it all.
Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) The Upper Tribunal (Land Chamber) changes the ground rules on rent repayment orders... Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an...