The Homes (Fitness for Human Habitation) Bill passed Third Reading in the House of Lords on 19 December. If you are reading this on 20 December, it might even already be an Act, as it may receive royal assent on 20 December. The Bill/Act provides that it...
Challenging service charges that aren’t yours, and views on housing in the courts
I'm not going to go into detail on Gateway Holdings (NWB) Ltd v McKenzie & Anor (LANDLORD AND TENANT - SERVICE CHARGES) [2018] UKUT 371 (LC) but it does set out a point of principle. Ms McKenzie, the current leaseholder, sought to challenge service...
A Housing Court – MHCLG have some odd questions for you.
And so the promised 'call for evidence' on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this...
Succession and discrimination – death or divorce
London Borough of Haringey v Simawi & Anor (2018) EWHC 2733 This was a challenge, arising from a possession claim, to the 'one succession' rule on secure tenancies. Mr S was the son of Mr and Mrs Simawi, who were the joint secure tenants of a Haringey...
More on 1 October – breach of Suspended Possession Order
On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 will come into effect. The bit that concerns us is basically a one line change to Part 83 Civil Procedure Rules 1998 codifying the position that there is no need to make a separate Part...
Equality Act and Evictions
Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was...
Allocations and Equality Act
R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin) Well now. This was another challenge to LB Hillingdon's policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v...
When help with wood pellet fuel means no right to buy
Milton Keynes Council v Bailey (HOUSING – Right to Buy) [2018] UKUT 207 (LC) A bit of an oddity, this one, but there is perhaps a broader principle. Paragraph 11 of Schedule 5 to Housing Act 1985 provides that a property is exempt from the Right to Buy...
Until death us do terminate
We reported a county court appeal on the issue of termination of tenancy of a deceased tenant by service of notice on the Public Trustee in Pavey v LB Hackney here. The problem being when the notice to quit was not served on the Estate (at the property) and...
Fitness for Human Habitation – developments
What was the Homes (Fitness for Human Habitation and Liability for Building Standards) Bill went through Committee stage in the House of Commons today, 20 June. I'm delighted to say that it went smoothly, with the only amendments proposed and passed being...
Another step for Fitness for Habitation, and getting unlawful eviction wrong
Some quick notes. First, the Homes (Fitness for Human Habitation) Bill finally has a Commons committee date! This is the next step after second reading. The committee is on 20 June 2018 and we have high hopes of getting the Bill and amendments through in one...
Automatic discharge of suspended possession order – it depends
Armstrong v Ashfield District Council (2018) EWCA Civ 873 Where a suspended possession order has provided for a future date of discharge, does that take effect even when the landlord has applied for a warrant on breach of terms in the interim and those...