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 London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found […]

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 where: 11.— (1) 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 the Public Trustee at the same time, […]

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 those brought by Karen Buck MP herself. The Bill as amended – now […]

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 proceedings are ongoing? Mr A was the secure tenant of Ashfield DC. […]

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 at Canterbury, 5 October 2017 From 2011, Mrs Lutman was the secure tenant […]

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 mention of any progress – and surely progress would have to involve the MoJ, not […]

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 affecting land which would have been authorised or required to be served on a person but for his […]