How to Rent Guide – a bit of a snafu

There is a new version of the MHCLG ‘How to Rent Guide’ out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the course of this afternoon, after this post and others […]

‘How to rent’ updated (and other non statutory guides)

A new ‘How to Rent’ Booklet was released today (26 June 2018) by MHCLG. This version must be provided to the tenant by the landlord (not just a link) for all new assured shorthold tenancies and replacement ASTs (including statutory periodic tenancies) that arise from now on. At least until the next version. A copy […]

Too soon?

Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing the prescribed information before a deposit has actually been received. The parties aren’t named, nor is the court (though […]

On the Naughty Step – ‘Accommodation Clubs’

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 someone else owns’ ideas. Now one of them […]

Automatic discharge of suspended possession order – it depends

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 proceedings are ongoing? Mr A was the secure tenant of Ashfield DC. […]

On a Housing Court and (not) making things simpler.

A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not […]

How late it was, how late

On the death of a tenant (without successor, if there is a possible succession) section 18 Law of Property (Miscellaneous Provisions) Act 1994 provides: “Notices affecting land: service on personal representatives before filing of grant. (1) A notice affecting land which would have been authorised or required to be served on a person but for his […]

Possession and section 11, Children Act 2004

In Davies v Hertfordshire CC [2018] EWCA Civ 379, the Court of Appeal addressed the question of the relevance of s 11, Children Act 2004 on a mandatory possession claim brought by Herts against Mr Davies, a former school caretaker living in tied accommodation with his wife and four children.  Herts claimed mandatory possession on service […]