In a rare these days bit of good news, the Government have announced that the Domestic Abuse Bill will be amended to make being a victim domestic abuse priority need for the purposes of local authorities homelessness housing duty. This follows strong...
Notes from the sofa
I'm slightly late to noting this (in my defence, there have been other things going on), but there is a new Claim form N5B for accelerated possession proceedings, which was released on 6 April 2020. It contains substantial revisions to the questions to be...
Sound insulation and fitness for habitation – Scotland
We don't usually run Scottish case law. It is, after all, a whole separate legal system, and one in which none of us are qualified. It is also, going by the language of the judgments, utterly splendid - after all, who doesn't fancy a judgment that repeals...
Housing law webinars
A couple of interesting housing law webinars in the next few days (well, hopefully both interesting, as I'm doing one of them) for all your 'working from home but still interested in housing law' needs. On Thursday 30 April at 10.30 am, the latest in Tessa...
It’s not right but it’s OK
The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants (2020) EWCA Civ 542 The Court of Appeal have their way with the judicial review of the 'Right to Rent' scheme. This was the Secretary of...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court judgment on a...
A challenge to PD 51Z
It appears that the Court of Appeal is to hear a challenge to Practice Direction 51Z on 30 April 2020. The case is called Arkin v Marshall. a) this involves two claims for possession on residential mortgages, apparently by a receiver b) the challenge is to:...
Service charges – too late and too varied
A couple of Upper Tribunal appeal decisions on service charge issues, with the second of particular significance. Cookson v Assethold Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 115 (LC) An appeal on section 20B Landlord and Tenant Act 1985. In...
Update to Practice Direction 51Z
Practice Direction 51Z - the stay of all Part 55 possession proceedings and enforcement - has been amended with effect from 20 April 2020. A new 2A now excludes certain kinds of matters from the automatic stay for 90 days from 26 March 2020: (a) a...
Probability of violence and dates of actions
LB v London Borough of Tower Hamlets (2020) EWCA Civ 439 A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that...
Notes in passing
A couple of brief notes. In Opara v Olasemo (HOUSING - RENT REPAYMENT ORDER - unlawful eviction) (2020) UKUT 96 (LC), the Upper Tribunal corrected the First Tier Tribunal on its approach to the standard of proof on an illegal eviction and unlicensed HMO rent...
Notice of applying for permission for a writ
Hertfordshire County Council v Davies (2020) EWHC 838 (QB) An application on the issue of notice under CPR 83.13(8) on permission to issue a High Court writ. Mr Davies was a school caretaker. He and his family lived in a bungalow which was tied to his...