Bits of news and things to respond to.

Assorted things… MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 – or as they call it, ‘the Homes Act’. There are separate guidance documents for tenants, landlords and local authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

On sewer covers, gardens and responsibilities

Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC’s tenant. The property was a house with a front garden. The tenancy began in […]

Rights and Right to rent

Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) (For transparency, I acted for one of the interveners, the Residential Landlords Association, in this case.) This was a judicial review claim by JCWI of the Right to Rent Scheme, as […]

No release from gas

Trecarrell House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations. That […]

U Can’t Do This*

This is another in what turns out to be an occasional series of unregulated, unqualified ‘Evictions R Us’ outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring ‘Remove a Tenant’. Now we have another example. Ojo & Opaleye v McAuliffe, County Court at […]

HHSRS Review

A company called RHE Global in Carmarthenshire has been appointed by MHCLG to conduct a review of the HHSRS.  They want responses by 24th February to an online questionnaire (https://www.surveymonkey.co.uk/r/5KBYJDD) particularly from tenants and those organisations and services which provide support and advice to tenants.  There are 17 questions – this does not appear to […]

How many reviews?

In R(B) v Redbridge LBC [2019] EWHC 250 (Admin), Jeremy Johnson QC, sitting as a Deputy Judge, was required to adjudicate on what is, as far as I am concerned, a really important point of practice, given the nature and continuing obligations of suitability of accommodation in homelessness cases, and the increasing number of suitability reviews […]

Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]

Jurisdiction: s. 204 appeals

Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable […]

Nominations agreements and the Equality Act

I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of “nomination” rights and, potentially, the concept of a “true void” have arisen for full decision by a court of record (of which I know anyway), and before the […]