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Smith v Khan (2018) EWCA Civ 1137 Well! It is not often that an illegal eviction case gets to the Court of Appeal, let alone on the tenant's appeal. But that is what we have here. There are some useful bits along the way, the correction of some errant views...
To misquote Groucho Marx, you really don't want to belong to any such club that would have you as a member. I've been hearing about these set ups for a while. They seem to be the latest thing in bloody stupid 'get rich quick from residential property that...
The Tenant Fees Bill is now underway. The first reading was on 2 May 2018. The Bill page is here. The Govt response to the CLG select committee report on the proposals is here. Notable in the the Bill is a proposed ban on serving a s.21 notice while an...
Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a warrant on breach of terms in the interim and those...
Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline. This was...
With grateful thanks to Housing: Recent Developments in March 2018 Legal Action comes this report of a county court case for unlawful eviction. What makes it slightly unusual is that the perpetrator landlord was a council. Lutman v Ashford BC, County Court...
Two bedroom tax related decisions - the first of which is a decision of widespread import on the powers (or lack thereof) of the First Tier Tribunal. The Secretary of State for Work And Pensions v Carmichael & Anor (2018) EWCA Civ 548 The was the SoS...
Davis v Watford Borough Council (2018) EWCA Civ 529 A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance. Usually when a s.204 appeal is being issued, and the council has refused...
Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by the landlord Wood was met with a defence and counterclaim...
First Tier Tribunal LON/00AH/LSC/2017/0435 - Firstport Property Services Ltd v various leaseholders of Citiscape We previously saw the Salford decision on the costs of a 'waking watch' in a tower with 'Grenfell' style cladding, but this was the first, keenly...
Yes, there is indeed a backlog of cases to write up, covering issues from who pays for cladding removal, through Tribunals and the Human Rights Act, to the proper venue for a claim for accommodation pending s.204 appeal where there was no review decision....
Rother DC v Freeman-Loach [2018] EWCA Civ 368 is the latest installment on the interpretation of vulnerability for the purposes of homelessness law, with a sting in the tail about s 204A appeals. Mr Freeman-Loach suffered from ostoarthritis, anxiety and...