It has been almost four years since Karen Buck MP, Justin Bates and I first conceived of the Homes (Fitness for Human Habitation) Bill (version 1), and it has been quite the rollercoaster since then. Now, as of today, 20 March 2019, the Homes (Fitness for...
Forthcoming…
In case you needed reminding (and don't worry, there will be another reminder), the Homes (Fitness for Human Habitation) Act 2018 comes into force for new tenancies this coming Wednesday, 20 March. Our thumbnail guide is here and some thoughts on 'fitness'...
Bits of news and things to respond to.
Assorted things... MHCLG have published guidance for tenants, landlords and local authorities on the Homes (Fitness for Human Habitation) Act 2018 - or as they call it, 'the Homes Act'. There are separate guidance documents for tenants, landlords and local...
Possession and the PSED
In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs...
Build defects and fitness for habitation
Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don't think we quite appreciated the general significance of the case. We certainly didn't anticipate that it might...
Fitness for Habitation – a thumbnail guide
As of 20 December 2018, we have the Homes (Fitness for Human Habitation) Act 2018. This is a quick (very quick) overview of the Act and how it works. For a more detailed version, there may well be a forthcoming book... The Act amends the Landlord and Tenant...
Finally! – Fitness for Human Habitation passes
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...