Regular readers will no doubt recall this remarkable case, in which Notting Hill Genesis sought and obtained a freezing injunction against a disbarred barrister, Katrina McCarthy for tortiously inducing a breach of contract by getting NHG's tenant to pay the...
Thin gruel, delayed expectations, and welcome absences – the King’s Speech
A couple of case reports are on the go, but maybe significantly delayed, I'm working up to moving house next week, and physically and mentally, everything is all over the place and probably in the wrong box. But we have to note the King's Speech and the...
Abolition of section 21 – not anytime soon says Government
After a lot of concern that the Bill was going to be lost, the Government announced that the second reading of the Renters (Reform) Bill will take place on Monday 23 October, so enabling it to be carried forward into the next parliamentary session after the...
Rent increase and creation of a new tenancy
Our thanks to Haroon Sarwar of TV Edwards and Marina Sergides of Garden Court for the details of this county court possession case. Tower Hamlets Community Housing v The personal representative of Joseph Desir & Ors. County Court at Clerkenwell &...
Be still, my beating heart – new ‘How to Rent’ Guide
A new version of the How to Rent Guide was released today, 2 October 2023. This needs to be given to the tenant on all new and replacement tenancies (including on statutory periodic arising) from today onwards. NB - 'given' means a physical copy given to the...
A couple of possession related appeals
Reading Borough Council v Holland (2023) EWHC 1902 (Ch) An appeal of a possession order made at first instance for Ms Holland's introductory tenancy of sheltered accommodation. Ms H was found by an expert report in the original proceedings to have...
Return of deposit by cheque – Definitely maybe.
Richworth Ltd v Billingham (2023) EW Misc 8 (CC) Over the years we've seen a number of county court decisions on the issue of when a deposit counts as returned for the purposes of being able to serve a section 21 notice (see here and the links in that...
‘Court rent accounts’, McKenzie Friends and allegedly inducing breach of contract.
I was going to finish off a very overdue post on a very interesting s.204 appeal on suitability, but that will have to wait - maybe tomorrow - because my jaw has just dropped on seeing this case report from Landmark Chambers. Let me just outline what has...
Unlawful eviction – section 27 residence and section 28 damages
Wilson v Wilson & Anor (2023) EW Misc 5 (CC) A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential...
Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place
A couple of County Court judgments - by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and...
Wales – Renting Homes updates: The Good, the Bad and the Converted – part 2
Our grateful thanks as ever to Mike Norman of Harrow Law Centre for Part 2 of his updates on the implementation of Renting Homes (Wales) Act. Part 1 is here. Wales - Renting Homes updates: The Good, the Bad and the Converted - part 2 Introduced by the...
Contractual costs in the Tribunal & County Court, with a guest appearance.
Right, I am back from a two week holiday (it was lovely thank you) so onwards... Crescent Trustees Limited v Behjat. Tribunal Ref: LON/00BJ/LSC/2021/0168, County Court Claim No F69YX307 I had my attention drawn to this First Tier Tribunal/County Court double...