Getting Guidance wrong and the perils of not updating legislation

MHCLG recently (April 2019) put out a guidance document called “Landlord and tenant rights and responsibilities in the private rented sector“. Under a heading “Guidance for tenants renting in the private sector: rights, responsibilities and advice”, on page 12 are the following on potential penalties for harassment by a landlord, and for illegal eviction by […]

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. […]

Harassment – when new evidence isn’t.

Taiwo v Homelets of Bath Ltd (2018) EWHC 2757 (QB) This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed. Homelets were (and apparently are) a […]

Hide and seek – unlawful eviction

Ryan Insalaco v i) One Room UK ii) Paulo de Souza iii) Alisson Teixeira. County Court at Willesden, 6 July 2018 An unlawful eviction claim, notable for the casualness of the eviction and the efforts the defendants then went to to pretend the claim wasn’t happening. Mr Insalaco had a tenancy of a room in […]

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 […]

Deposits, Lies and Unlawful Evictions

Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012.  A deposit was paid in […]