When does the main housing duty under s. 193, Housing Act 1996 to provide suitable accommodation to 'successful' homeless applicants, who currently are in a property, take effect? Such a simple and important question; such tortured authorities, inflected by...
Conceptualising damages for housing conditions – they don’t add up.
We don't often run 'think-pieces' (this may be too generous a description), at least not when unattached to new case law, but the ongoing transformation of 'disrepair' into 'housing conditions' claims has got me (and I know others who write here) thinking...
You know what I mean – Errors in section 8 notices
Pease v Carter & Anor (2020) EWCA Civ 175 Does an error in a section 8 notice - in this case specifically as to the earliest date on which possession proceedings can begin - invalidate the notice? At first instance in this case, the landlord had served a...
Certainty of delivery of notices – Upper Tribunal on the burden of proof
38/41 CHG Residents Company Limited v Hyslop (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 21 (LC) A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a...
The Overlooked
Fearn & Ors v The Board of Trustees of the Tate Gallery (2020) EWCA Civ 104 This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over...
Amendments to Part 55
A statutory instrument - The Civil Procedure (Amendment) Rules 2020 - has been laid, and it includes, amongst other things, amendments to CPR Part 55 on possession claims. These will be in force from 6 April 2020. The explanatory memorandum says: Housing...
Out of time but not out of mind.
Al Ahmed v London Borough of Tower Hamlets (2020) EWCA Civ 51 We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good...
Deposit penalties – factors on culpability. Sort of.
Davies v Scott, 24 October 2019, Mayors & City County Court . HHJ Saggerson (Unreported, we've seen a note of judgment) This was a county court appeal on a failure to protect deposit claim. We saw the first instance decision on this case here. This was...
A very short consultation
The UT(LC) is consulting on a new Practice Direction for appeals and cases in the UT. The draft appears to have gone online on 20 January 2020 and the deadline is 31 January 2020. You can find it here. If you have a few moments then it's very much worth...
Gypsies and Travellers – time for a rethink
Bromley LBC v Persons Unknown (Liberty, London Gypsies and Travellers, and numerous local authorities, intervening) (2020) EWCA Civ 12 Over the last few years, there has been a real growth in "all borough" injunctions against anticipated trespass by gypsies...
Rent Repayment Orders, criminal standard, and new evidence on appeal
Salva v Singh-Potiwal (HOUSING - HOUSE IN MULTIPLE OCCUPATION) [2019] UKUT 307 (LC) This was the appeal of a First Tier Tribunal decision on Ms Salva's application for a rent repayment order. Ms Salva has a tenancy of a room in a property owned by Mr...
Electrical safety checks – soon with added regulation
The draft of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 has been laid in Parliament. The regs require a resolution of each house, so this will not be an immediate approval, but should be soon - it looks like the...