Following on from yesterday's post by J on the CMA report (with its approach to the 'AST Trap') and from someone helpfully pointing out something that should have been completely obvious to me in the first place, I've re-written my old post on the leasehold...
You know what I mean – Errors in section 8 notices
Pease v Carter & Anor (2020) EWCA Civ 175 Does an error in a section 8 notice - in this case specifically as to the earliest date on which possession proceedings can begin - invalidate the notice? At first instance in this case, the landlord had served a...
Amendments to Part 55
A statutory instrument - The Civil Procedure (Amendment) Rules 2020 - has been laid, and it includes, amongst other things, amendments to CPR Part 55 on possession claims. These will be in force from 6 April 2020. The explanatory memorandum says: Housing...
Gypsies and Travellers – time for a rethink
Bromley LBC v Persons Unknown (Liberty, London Gypsies and Travellers, and numerous local authorities, intervening) (2020) EWCA Civ 12 Over the last few years, there has been a real growth in "all borough" injunctions against anticipated trespass by gypsies...
New Pre-Action Protocols coming! Social Possession and Housing Conditions.
[Update 13 Jan. The new protocols are out and in force today - Housing Disrepair (England), and Social Landlord Possession Claims ] Be still my beating heart, there will be two new/revised pre-action protocols on 13 January 2020. There will be a revised...
If you go down to the woods today
Kerr & Anor (as Trustees) v Maass (2019) EWHC 95 (Ch) (This was from January, but has only just appeared.) This is a rather odd case concerning possession of a farmhouse in the Forest of Dean. It had been first occupied by the defendant's mother and step...
Assorted – Licensing and prior offences, RROs and section 8 Notices
A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that...
For this relief, much thanks
The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (2019) UKSC 46 Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy,...
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...
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...
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...
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...