Our grateful thanks to Mike Norman of Harrow Law Centre for the following post on the position - current and to come - on housing law changes in Wales. Notice Seeking Possession It has been now over a year since the previous article substantially updating...
The appearance of a substantial defence in possession claims, and property guardians and possession.
Global 100 Ltd v Laleva (2021) EWCA Civ 1835 There is a hell of a lot packed into one appeal here, so I'll try to be brief. This was Global 100's appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District...
They’re making a list, they’re checking it twice*
Sandwell Metropolitan Borough Council are proposing to amend their tenants' secure tenancy agreements. Unfortunately, in their wisdom, they have decided to include a new tenancy condition as follows: "You, people living with you and any visitors to your...
Possession news
A couple of items on possession claims and evictions. And another occasion to overuse exclamation marks. According to the Minutes of the CPR Committee meeting of 8 October 2021, Practice Direction 55C will be sort of coming to an end on 30 November 2021, but...
Damp and Mould – “It’s not lifestyle”.
The Housing Ombudsman has released a special spotlight report addressing the issue of damp and mould, called "Spotlight on: Damp and mould. It’s not lifestyle" It is the result of both the media spotlight on social housing conditions (ITV News with Dan...
Possession proceedings – end of the ‘overall arrangements’.
Yesterday (3 November) a statement from the Master of the Rolls announcing the end of the 'overall arrangements for possession proceedings', as of 1 November 2021, was put up on the judiciary website. The statement is here. (The original version of this post...
Bedrooms – hypothetical rather than actual. Bedroom tax and actual use.
The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080 A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision (our note here) on whether assessment of entitlement to...
1 October – new (old) notice periods and new forms
New regulations were laid today (9 Sept) coming into force on 1 October 2021 for England. The snappily titled The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 do the following. Extend the...
Too long or too wrong. MHCLG bodge up section 83 Housing Act 1985 notices
We've been here before - MHCLG putting out versions of notice forms that were different to the statutory prescribed version, causing all sorts of lawfulness issues. This time (and I'll confess I hadn't picked it up at the time, because of not paying enough...
A closed mind and a failed possession claim
Thanks to Marina Sergides of Garden Court for this note of an interesting County Court possession claim, defended on public law grounds. Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021 Tower Hamlets (“TH”) brought a claim...
No power to accept late review request
Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin) While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms...
The Queen(o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments
In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief...