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...
Wales: The Good, the Bad and the Converted – part 1
Our very grateful thanks for the following (and hopefully Part 2) to Mike Norman of Harrow Law Centre, who has been appointed, whether he likes it or not, as our Wales correspondent - NL. (Part 2 is now here.) Followers of the updates under Renting Homes...
On the naughty step – a ‘rising star’ of Barking
Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post. We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then...
Mental Health Crisis Moratoriums – issues for debt advisors to consider?
Kaye v Lees (2023) EWHC 758 (KB) We saw an injunction being made to prevent Ms Lees from seeking a further mental health crisis moratorium here. In this judgment, Mr Kaye had sought an extension of that injunction. The Court refused to extend the injunction:...
Renters (Reform) Bill – overview Part 2
Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it... Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn't...
Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1
It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more...