… don’t live here anymore

Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin sisters), appealed. Following an inspection in September 2010, Havering decided that […]

Erratum – s.21 flowchart

I am surprised it had not happened sooner, because there had to be some, but today someone spotted an error in the section 21 notice flowchart – specifically in the end-note about s.21(4)(a) notices for tenancies that were periodic from the outset. A corrected flowchart is now available here. All other reports of errors gratefully […]

Greenwich has problems with water

The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants’ rent, it is not a surprise that attention has turned to other councils (and housing associations) […]

It ain’t what you do, but the way that you do it – property guardians & ‘licences’

(1) Camelot Property Management Ltd, (2) Camelot Guardian Management Ltd v Greg Roynon. County Court at Bristol, 24 February 2017 (copy of Judgment) We’ve noted the issues bubbling away between Camelot and property guardians in Bristol (here, and here), and now we have a judgment – on a preliminary issue, but a judgment nonetheless – […]

Failings and functions

BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an Improvement Notice or Emergency Remedial Action Notice. This does not come as […]

Who knows where? – service and the Land Registry

Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service. Thus the intriguing possibilities in: Oldham Metropolitan Borough Council v Tanna [2017] […]

‘Solicitor’s agents’ yet again – no rights of audience?

Following on from this post and then this one, there are further developments on the issue of rights of audience for ‘solicitors agents’ or ‘advocates’ – those who turn up to represent a party despite not being qualified to provide advocacy on their own behalf – and while not definitive (county court decisions only), it […]

So now Gopee, walk out the door

There are new cases to report on – the Court of Appeal on suitability reviews and the PSED and the Upper Tribunal on leasehold works charges, fire resistant doors and disrepair – but those will have to wait for a couple of days. I’ve got places to be and people to sue in the meantime… […]

Property Guardians & tangled webs (Camelot. Again)

There is a bit of a thing unfolding in Bristol involving property guardians, Bristol City Council and Camelot, one of the larger property guardian firms, upon whom we have had cause to remark upon several times in the past. Several former nursing homes, owned by the Council, were standing empty. The Council went with Camelot to […]