It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was updated this afternoon, 29 January 2021, on what was to...
Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the...
And no returns…
Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC) A county court case of duelling injunction applications concerning Ms Merritt's (re)occupation of what had been temporary accommodation arranged by Thurrock and managed by Midos Managment Co Ltd...
Eviction Stay Redux
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court had held...
PSED, breach and ‘subsequent compliance’.
Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) An appeal on the issue of whether a Council landlord's initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that...
Don’t look back
To end this horrible year, a video that is most definitely not a review of 2020.... (For reasons that were beyond me, the audio drafts out of sync once the edited video is exported from the editing app. I've tried to correct it but alas to no avail. I think...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be signed in...
New ‘How to Rent’ Guide – 10 December 2020
MHCLG has published a new 'How to Rent Guide' today, 10 December 2020. I've added it to the archive. As a reminder, for any post 1 October 2015 assured shorthold tenancy, or 'renewal' tenancy (where the guide as been updated), the tenant must be provider...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Finally, lawful non-evictions
Why yes, we have been going on about the apparent unlawfulness of the Lord Chancellor suspending evictions by, well, just asking bailiffs not to evict people. We said it in the first place, and also when it was extended for the national lockdown. Today it...
Water Sellers
The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss (2020) EWCA Civ 1381 This was RB Kingston upon Thames' appeal of the High Court's finding that it was a 'water reseller' under the Water Resale Orders 2001 and 2006, and thus not...