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 authorities, all available here. On the tenant guidance, I would add before taking proceedings, try […]

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 problems at the property was in issue.  They were different cases in that, although […]

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 subsequently become otherwise significant because of a change in the […]

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 Act 1985 sections 8 to 10 and […]

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 comes into force 3 months from ‘being passed’, […]

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 is the unveiling of any actual proposals. […]

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 property, beginning in 1994. The father died in […]

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 83(2) application for permission for a warrant for […]

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 Paragon’s assured tenant. Following possession proceedings on grounds of nuisance and harassment, defended on […]