Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the...
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...
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...
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...
The heavens rejoice – Sale and rent back and proprietary estoppel
Sahota v Prior & Anor (2019) EWHC 1418 (Ch) Just a short note, but worth it, because every angel in heaven sings when a 'sale and rent back' set up comes to grief Briefly, Mr & Mrs Prior bought their home 35 years ago. At some point, they got into...
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...
Form 6A section 21 notice update
After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up. The form 6A has been replaced with the version in the...
Deja vu all over again
[Update 12 August 2019 - MHCLG have acknowledged that this was an error and have corrected the form 6A on the gov.uk page, with a note. So that form is OK to use again.] On 8 August 2019, MHCLG published an amended Form 6A section 21 notice on the...
How to rent guides – sneak updates
Many thanks to Rich Greenhill (@RichGreenhill ) for spotting this. The last official update to the MHCLG 'How to Rent' Guide was on 31 May 2019, to take into account the Tenant Fees Act 2019. However, since then, there have been two further changes to the...
Fixed terms that then aren’t
Livewest Homes Ltd v Bamber (2019) EWCA Civ 1174 This was the Court of Appeal hearing of a second appeal on the issue of when six months notice of intention to terminate a tenancy must be given under section 21(1B). We noted the first appeal here. The brief...
Gas Safety and section 21 – late inspections
With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at...
Too late to waive
Yildiz v London Borough of Hackney (2019) EWCA Civ 1331 Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and...