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...
Councils behaving badly – Part whatever
With grateful thanks to Housing: Recent Developments in March 2018 Legal Action comes this report of a county court case for unlawful eviction. What makes it slightly unusual is that the perpetrator landlord was a council. Lutman v Ashford BC, County Court...
Bedroom Tax – the powers of the Tribunal and a sufficient chest of drawers
Two bedroom tax related decisions - the first of which is a decision of widespread import on the powers (or lack thereof) of the First Tier Tribunal. The Secretary of State for Work And Pensions v Carmichael & Anor (2018) EWCA Civ 548 The was the SoS...
On a Housing Court and (not) making things simpler.
A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned 'discussions' with the judiciary on a housing court, ever since the last Tory conference in October. There has been no...
How late it was, how late
On the death of a tenant (without successor, if there is a possible succession) section 18 Law of Property (Miscellaneous Provisions) Act 1994 provides: “Notices affecting land: service on personal representatives before filing of grant. (1) A notice...
There can be only one!
The MHCLG have announced a consultation 'Strengthening consumer redress in the housing market', which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the...
Fitness for Human Habitation is go!
The Homes (Fitness for Habitation and Liability for Housing Standards) Bill passed second reading on 19 January, with a unanimous vote. The debate (interrupted by a Ministerial statement) is here and here. Because I can't resist, here are Karen Buck's...
Fitness for Habitation – now with Govt support.
I am delighted, and delighted for Karen Buck MP, to be able to say that her Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill now has government support as well as that of the Labour opposition. (Previous posts on the then draft...
The Bedworth bedroom conundrum
Nuneaton and Bedworth Borough Council v RH and Secretary of State for Work and Pensions (2017) UKUT 471 (AAC) A very interesting (and perhaps surprising) Upper Tribunal 3 judge decision on the issue of 'what is a bedroom' for the purposes of Housing Benefit...
And the first shall not be last
London Borough of Haringey v Ahmed & Anor (2017) EWCA Civ 1861 This was Haringey's appeal of a High Court decision dismissing Haringey's claim for possession against Ms Ahmed (our report here). A factual precis is that in 1988 two tenancy agreements...
Time to contact your MP – Homes Fit For Habitation
As I may have reminded you once or twice already (and no doubt will again), the second reading of Karen Buck MP's Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is on 19 January 2018. This is a private members bill. It is very...
Hide and Seek with Justice – A Rant
(Updated 26/10/2017 - at the bottom) Access to justice is one thing. Actually being able to find it another. This is the sorry, sad, truly pathetic tale of the fall out of the closure of Lambeth County Court. I'm sorry for length, but hell, it has been a...