Rent payments, unless orders and relief from sanction

This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting. Michael v Lillitos (2019) EWHC 2716 (QB) An appeal from a County Court decision on an application from relief from sanction. Ms L was […]

No relief and unbalanced windfalls

Timbo v London Borough Of Lambeth (2019) EWHC 1396 (Ch) This is another in our occasional series of cases where residential leaseholders have had their leases forfeited and not obtained relief from forfeiture.  (For other examples, see here, and here). As with the previous examples, this is something of a catalogue of things leaseholders really, […]

From the County Courts – s.21 timing, breach of PSED

A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them.  (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August 2019 Mr Singh and Mr Sandhu granted Mr Majiyagbe an assured shorthold tenancy on 20 June 2011. The […]

New points on appeal, after a summary possession order

Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337 The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is ‘exceptional’. Mr Sheikh had […]

Updated section 21 flowchart

I’ve had a go at updating the section 21 validity flow chart. It now incorporates the effect of the Tenant Fees Act 2019 (which turned out to be more complicated to do than I thought – I think it works, but constructive criticism welcome), and updates notes on EPCs and gas safety certificates. It will […]

In the county courts – succession, possession and warrants

Our thanks to the Housing: Recent Developments team in the July/August Legal Action for notes on these two cases. Lambeth LBC v Casey County Court at Clerkenwell and Shoreditch, 5 June 2019 Ms C had succeeded to the tenancy of a two bedroom flat. Lambeth brought possession proceedings under grounds 13 (property designed to make it suitable […]

Possession and licensing in Wales

Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20 August 2019 (unreported elsewhere, I’ve seen a note of […]

Breach of PSED and consequences for possession

Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings. Mr F had an assured tenancy from Aldwyck. Soon after the tenancy started, there began what would be repeated incidents of […]