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...
Warrant on Suspended order – What do you think?
Following the judgment in Cardiff City Council v Lee (2016) EWCA Civ 1034 (our report) and the subsequent appearance of new forms, at least for rent arrears suspended possession order cases, the Civil Procedure Rules Committee is having a consultation on...
Northern Waters
Rochdale Boroughwide Housing Ltd v Izevbigie (2017) EWHC 790 (CH) (not on Bailii yet, Judgment is here) Rochdale BH is a social housing provider (of what was the council's housing stock). The issue in this case - heard as a preliminary issue - was whether...
Water and youth
Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of...
… don’t live here anymore
Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin...
Erratum – s.21 flowchart
I am surprised it had not happened sooner, because there had to be some, but today someone spotted an error in the section 21 notice flowchart - specifically in the end-note about s.21(4)(a) notices for tenancies that were periodic from the outset. A...
Greenwich has problems with water
The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants' rent, it is...
It ain’t what you do, but the way that you do it – property guardians & ‘licences’
(1) Camelot Property Management Ltd, (2) Camelot Guardian Management Ltd v Greg Roynon. County Court at Bristol, 24 February 2017 (copy of Judgment) We've noted the issues bubbling away between Camelot and property guardians in Bristol (here, and here), and...
Failings and functions
BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an...
Who knows where? – service and the Land Registry
Service of notices, claims etc on 'last known address' can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the 'last known address' can be relied on for service. Thus the intriguing...
‘Solicitor’s agents’ yet again – no rights of audience?
Following on from this post and then this one, there are further developments on the issue of rights of audience for 'solicitors agents' or 'advocates' - those who turn up to represent a party despite not being qualified to provide advocacy on their own...