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 […]

‘Can’t Pay..’ will have to pay.

Ali and Aslam v Channel 5 Broadcast Ltd (2018) EWHC 298 (Ch) I won’t go into detail – do read the judgment for the oddest mashup of housing law, media law and privacy law we have encountered (so far) – but suffice it to say that a husband and wife evicted by High Court Sheriffs […]

I can serve this only once – gas safety certificates

Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment) First our thanks to Matthew Cannings of 3 Paper Buildings for note of judgment and Richard Cherry of 33 Bedford Row for details (counsel for appellant and respondent, respectively). This was an appeal to a circuit judge of […]

News bits

A post on a significant gas certificate/s.21 case will follow shortly, but for now a couple of news items… Regulations have been made bringing the Homelessness Reduction Act into force on 3 April 2018. The Statutory Code of Guidance has not yet been released, so everyone will have to hope that there aren’t many changes […]

From the county courts

With grateful thanks as ever to the Legal Action Magazine Housing: Recent Developments section for information on these (and they are not noted till those reports are publicly accessible), a couple of county court cases of interest. Assured Property Service Ltd v Ooo, County Court at Edmonton, 30 June 2017 Ms Ooo was an assured […]

Cat amongst the pigeons

In an interview in the Independent, Jeremy Corbyn has apparently announced that it will be Labour policy to end ‘no fault’ private sector evictions: Asked whether abolishing the “no fault” evictions would be part of the next Labour manifesto, he replied:  “Absolutely. Absolutely. I am very committed to housing and dealing with homelessness. I think it’s a […]

Ex parte’d, airbnb’d, departed

JKMK Consultancy Ltd v Goldie Properties Ltd,  QBD, 18 December 2017 (Note on lawtel, otherwise unreported) The run up to Christmas in any housing practice is usually awash with interim injunction threats and preparation. Lack of heating, hot water, electricity, toilets free of back surges, ceilings… That kind of thing. But here is an interim […]