We've been here before - MHCLG putting out versions of notice forms that were different to the statutory prescribed version, causing all sorts of lawfulness issues. This time (and I'll confess I hadn't picked it up at the time, because of not paying enough...
A closed mind and a failed possession claim
Thanks to Marina Sergides of Garden Court for this note of an interesting County Court possession claim, defended on public law grounds. Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021 Tower Hamlets (“TH”) brought a claim...
No power to accept late review request
Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin) While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms...
The Queen(o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments
In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief...
Misc – notice periods, evictions and an ASBi for illegal eviction
A few notes... As of 1 August 2021, the notice period for notices seeking possession on grounds of rent arrears for arrears of less than 4 months rent was reduced from 4 months notice to 2 months notice. Where arrears are of 4 months or more, the notice...
How to Rent and Easy Read – updates and issues.
Ah, the How to Rent Guide. Is there anything that would so predictably cause problems and yet has been so frequently messed up by MHCLG? The latest instalment of the saga goes like this. On 21 July 2021, MHLCG updated the 'How to Rent Guide' page. But...
Breathing Space for Wales? Extension of possession notices, restarting of eviction warrants and a new Hardship Grant
We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with possession notices, applying from 30th June 2021, are...
‘If you’re not too hot, we’re evicting you”
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention https://twitter.com/marieajparis/status/1410593210628395011?s=21 (If you can't see the tweet, it says "My client...
EPCs and pre 1 October 2015 tenancies
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015. The Hathaways had...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
Less Notice! More Forms! End of eviction ban!
I know, I know - it is a Wednesday, so you weren't expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt announced that from 1 June 2021 there will be new notice periods...
It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t work.
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England)...