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...
Local authority serving notices – requirements
Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one - A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr Drew Bravington, has since 2018 had a secure tenancy of a...
No surrender
City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB) It is always the joint tenancies that cause problems... This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had...
How to Rent Guide – new version
DLUHC has today (24 March 2023) issued a revised version of the How to Rent guide. This is important because for any post 1 October 2015 assured shorthold tenancy, or ‘renewal’ tenancy (where the guide as been updated at the time of the new tenancy), the...
Contempt and Conduct of Litigation
Baxter v Doble & Anor (2023) EWHC 486 (KB) This was an application for committal for contempt of court for provision of legal services by a person not entitled to do so, arising out of a possession claim in Devon. It is of considerable significance in...
Unravelling a mental health moratorium
Kaye v Lees (2023) EWHC 152 (KB) We've seen previous instalments in this matter here and here. The result of those was that Mr Kaye's eviction of Ms Lees after a charging order and order for sale was unlawful as the eviction was after notification of a...
Leasehold Leftovers
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a warrant of...
Not quite Notice to Quit
O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors (2022) EWCA Civ 1446 In which the Court of Appeal considers whether a notice to quit that named the wrong tenant was valid. This was an agricultural tenancy, originally granted to Owen Thomas in an...