Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed requirements is – via s.2(1) The Assured Shorthold Tenancy Notices and Prescribed […]
Category Archives: Possession
All possession related posts
Deposits – Better to give than to receive
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express […]
Sectoral Regulation Without Section 21
One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool […]
When an ‘or’ is an ‘and’ in Wales
Evans v Fleri (2019) EW Misc 12 (CC) A lesson in drafting from Wales. The Housing (Wales) Act 2014 provides at Section 7(1) The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless – (a) the landlord is […]
Prohibition Orders and ending tenancies
T v W. County Court at Central London. 16 April 2019 (Unreported) T was the owner of a property. The property was subject to a prohibition order served by LB Croydon. Nonetheless, T let a dwelling in the property to W. (T denied knowledge of the prohibition order, in a somwhat unlikely manner, but nothing […]
When is a licence a secure tenancy?
Mohamed v London Borough of Barnet (2019) EWHC 1012 (QB) Ms M was placed in temporary accommodation by LB Barnet following a homeless application. Barnet found her to be intentionally homeless but continued to provide accommodation under Children Act 1989. The property was a private property. Barnet had taken a licence agreement with agents for the […]
The End of Section 21
I’d suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest. Really. Truly. Feel free to take a moment. I found out on Friday, under embargo, and […]
Second possession orders and estoppel
Salix Homes v Mantato (2019) EWCA Civ 445 A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings. Mr Mantato was Salix Homes assured tenant from 2015. Before that, he had been the secure tenant of Salford City […]
Game of forfeits
Golding v Martin (2019) EWCA Civ 446 It seems to be a bit of a thing, buying a leasehold flat, then leaving it unoccupied, moving abroad and forgetting about rent and service charges. Semi-fortunately for the leaseholder in this second appeal, the outcome was different to this previous example of doing that, but still the […]
Forthcoming…
In case you needed reminding (and don’t worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on ‘fitness’ in relation to Section 1 Defective Premises Act 1972 cases here. And MHCLG […]
