Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a warrant on breach of terms in the interim and those...
‘Things not to do’ corner – Deposit protection counterclaim edition
Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by the landlord Wood was met with a defence and counterclaim...
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...
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...
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...
‘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...
I can serve this only once – gas safety certificates
Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (Now with approved transcript 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...
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...
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...
‘How to rent’ Guide updated – important for all PRS landlords and tenants
A quick note to highlight that the MHCLG 'How to rent' booklet was updated on 17 January 2018. Apparently this was just to remove references to the 'London Rental Standard'. However, this is still important. For all new assured shorthold tenancies, the...
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:...
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,...