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,...
Premature forfeiture
A couple of quick notes on forfeiture of leases. Cheerupmate2 Ltd v Calce (2017) UKUT 377 (TCC) Forfeiture for ground rent arrears was not valid because: a) The wrong notice under s.166 Commonhold and Leasehold Reform Act 2002 had been served. The notice was...
And the first shall not be last
London Borough of Haringey v Ahmed & Anor (2017) EWCA Civ 1861 This was Haringey's appeal of a High Court decision dismissing Haringey's claim for possession against Ms Ahmed (our report here). A factual precis is that in 1988 two tenancy agreements...
Doing the same thing all over again
Walcott v Jones & Jones. Central London County Court, 15 November 2017 (Not on Bailii. A note on Lawtel) A county court appeal, on an issue that quite a few (though mostly not practitioners) have raised with me elsewhere. Does a periodic tenancy count as...
Accelerated but longer
HMCTS have released a new N5B claim form - the claim form for accelerated possession proceedings after service of a section 21 notice. The new form (finally?!) takes into account all of the post 1 October 2015 changes to the validity of a section 21 notice....
Universal Credit – here comes the homelessness
[Update 22 November 2018. In the Budget, the Govt has said that: a) the 7 days without any payment after UC claim will be scrapped b) For those with existing HB/LHA claims, there will be a two week overlap of existing HB/LHA payments after the UC claim date...
Hide and Seek with Justice – A Rant
(Updated 26/10/2017 - at the bottom) Access to justice is one thing. Actually being able to find it another. This is the sorry, sad, truly pathetic tale of the fall out of the closure of Lambeth County Court. I'm sorry for length, but hell, it has been a...
Sufficient Notice
Partridge v Gupta (2017) EWHC 2110 (QB) Those who have been readers of this blog for a while may recall our campaign about evictions by High Court Sheriffs where the writs were (wrongly) obtained as an administrative act by using form N293A. This culminated...
Dwelling in temporary accommodation
Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied 'as a dwelling' fo the purposes of Section 3 Protection from Eviction Act 1977? We know...
Illegal subletting – an ‘elaborate farrago of lies’
Poplar Housing & Regeneration Community Association Ltd v Begum & Ors [2017] EWHC 2040 (QB) We are no fans of illegal subletting of social housing here at NL. So here is an appeal by the landlord of a county court decision to grant a suspended...