It is being reported that reform of the private rented sector, including the abolition of section 21, will be in the next Queen's Speech. It may not be a renters reform bill but part of a larger 'levelling up' bill, which does make one wonder about its...
Fixed term secure tenancies and forfeiture
Croydon London Borough Council v Kalonga (2022) UKSC 7 In which the Supreme Court considered the position on termination of 'flexible tenancies' - fixed term secure tenancies - during the fixed term. We saw the Court of Appeal judgment dismissing Croydon's...
Delays to services…
Apologies, I know updates have been slow in the last few weeks - I have been very busy on a lot of time sensitive stuff and what down time I've had, has really been needed as, well, down time... But the blog has not been forgotten or abandoned, honest. There...
Excluded grounds of possession and subsequent grounds
Poplar HARCA v Kerr. Clerkenwell & Shoreditch County Court. February 2022. DJ Bell (Unreported, we've seen a note of extempore judgment.) Our thanks to Daniel Skinner for the note of judgment in this case, which is of interest on the argument that the...
This is not my beautiful house
Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB) A combined hearing of a return date on an ex parte interim junction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might...
No relief, no unjust enrichment.
Golding v Martin (2022) EW Misc 2 (CC) We first saw this forfeiture case when it went to the Court of Appeal (our note). Briefly, Ms Martin had bought a leasehold flat, and indeed extended the lease. In 2003, she went to live in Majorca. She left no...
Company landlords and signing notices
Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40 This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held...
‘The present proceedings should never have been brought.’ ASB and disability discrimination.
Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC) Our grateful thanks to Marie Paris of Doughty Street Chambers for the following note of this County Court judgment. Applications for injunctions under Part 1 of ASBCPA 2014 seem to...
Remedying breach of Public Sector Equality Duty (or not)
Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) (our note) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to...
Still with the old, bring in the new. Wales update and preview.
Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
They’re making a list, they’re checking it twice*
Sandwell Metropolitan Borough Council are proposing to amend their tenants' secure tenancy agreements. Unfortunately, in their wisdom, they have decided to include a new tenancy condition as follows: "You, people living with you and any visitors to your...