And so the promised 'call for evidence' on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this...
Weekend assortment
Some bits and pieces, of various levels of jaw dropping. MHCLG have produced updates for the Homelessness Code of Guidance. Under Chapter 8 'Priority need', there is a new section 8.40: 8.40 Any person who may reasonably be expected to die of a progressive...
Universal Credit – more woes
I may well be late to the party here, but a couple of specific issues with Universal Credit have been pointed out to me that I, at least, had not heard before. So, in case I am not alone, I pass these on. They both amount to a significant departure from the...
You ain’t the boss of me (yet)
Barrow & Anoe v Kazim & Ors (2018) EWCA Civ 2414 When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant's landlord at that time? The situation in this second appeal was one that is now...
Succession and discrimination – death or divorce
London Borough of Haringey v Simawi & Anor (2018) EWHC 2733 This was a challenge, arising from a possession claim, to the 'one succession' rule on secure tenancies. Mr S was the son of Mr and Mrs Simawi, who were the joint secure tenants of a Haringey...
Property Guardians – licence not tenancy in office building
Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB) I missed this at the time (July). I might well have been on holiday, but also it didn't make the usual sources. This is quite a significant judgment on the issue of property guardians and the...
Harassment – when new evidence isn’t.
Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T's claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false...
How… How did THAT happen? corner
Another in our occasional series of cases that cause you to splutter into your coffee. Kirby v Salvation Army Hostel Association (2018) QBD 12/10/2018 (Unreported. Lawtel note of extempore judgment) As far as we can tell, Mr K had been occupying a room in a...
Catching up – forfeiture & AST regulations
A couple of catch-up/postscript notes. We looked at Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) before - our report here - the landlord's forfeiture was held to be invalid and premature. Well, Cheerupmate2 Ltd appealed to the Court of Appeal. Cheerupmate2...
Late, later, too late
North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court...
Doing the same thing all over again
Sajid v Nuur (2018) CLCC, 30 July (Judgment here) A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our...
Section 21 flowchart – now with grey areas
I finally updated the 'validity of section 21 notices' flowchart to take into account the 1 October 2018 changes. I've also included grey areas (literally). The 'grey areas' are where current case law, or the operation of statute, mean that things may...