As you will doubtless recall, the Social Housing (Regulation) Act 2023 introduced a new section 10A Landlord and Tenant Act 1985, implying a term into all social tenancies that the landlord will comply with all 'prescribed requirements' on responding to...
Failed succession, residential care and human rights incompatibility
Dudley Metropolitan Council v Mailley (2023) EWCA Civ 1246 We first saw this very sad case on first instance in the High Court - our note here. Ms Mailley was defending possession of a Dudley property of which her late mother had been the secure tenant since...
Varying a possession order from discretionary to mandatory ground
Poplar HARCA v Kerr. Central London County Court 26 July 2023. (Unreported. Judgment here.) This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied...
Staying to make the parties try dispute resolution. A bit of a Tydfil
Churchill v Merthyr Tydfil County Borough Council (2023) EWCA Civ 1416 For transparency purposes, I acted for the Housing Law Practitioners Association on its intervention in this appeal. There was a great weight of expectations on this appeal, with...
Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again
Three county court cases - all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21...
Damp, mould and the HHSRS
Cases yet to be written up are in a growing pile, but frankly it has been too darn hot to have the laptop on my lap for more than half an hour, so they are going to have to wait. Instead, here is a quick note on two recent DLUHC/govt publications on damp and...
Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place
A couple of County Court judgments - by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and...
Wales – Renting Homes updates: The Good, the Bad and the Converted – part 2
Our grateful thanks as ever to Mike Norman of Harrow Law Centre for Part 2 of his updates on the implementation of Renting Homes (Wales) Act. Part 1 is here. Wales - Renting Homes updates: The Good, the Bad and the Converted - part 2 Introduced by the...
Wales: The Good, the Bad and the Converted – part 1
Our very grateful thanks for the following (and hopefully Part 2) to Mike Norman of Harrow Law Centre, who has been appointed, whether he likes it or not, as our Wales correspondent - NL. (Part 2 is now here.) Followers of the updates under Renting Homes...
On the naughty step – a ‘rising star’ of Barking
Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post. We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then...
Snoring is not ASB, not even in Lambeth.
LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023 Our grateful thanks to Angharad Monk of Garden Court and Gurminder Birdi at Cambridge House Law Centre for this note of LB Lambeth's claim for an injunction against Ms...
Local authority serving notices – requirements
Birmingham City Council v Bravington (2023) EWCA Civ 308 A quick one - A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case: The respondent, Mr Drew Bravington, has since 2018 had a secure tenancy of a...