[Updated 13 Sept 2021 with reference to CPR PD 70B] Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch) I'm not going into any detail on the background to this judgment. It forms part of what has been by any measure...
1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following. Extend the...
Property guardians, possession claims and appearance of a defence for CPR 55.8
Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC) This is the judgment in an appeal to a Circuit Judge - HHJ Luba QC - from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold...
Too long or too wrong. MHCLG bodge up section 83 Housing Act 1985 notices
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...