Time to contact your MP – Homes Fit For Habitation

As I may have reminded you once or twice already (and no doubt will again), the second reading of Karen Buck MP’s Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is on 19 January 2018. This is a private members bill. It is very rare for private bills to become law, mostly because of […]

Universal Credit – here comes the homelessness

Social landlords have been panicking about Universal Credit for a bit, particularly those with experience in the pilot areas. But private landlords have been panicking too, and their panic takes a rather blunter and more immediately brutal form. GAP Property, a large landlord in the Grimsby area, has been staring at the introduction of Universal […]

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 […]

Hide and Seek with Justice – A Rant

(Updated 26/10/2017 – at the bottom) Access to justice is one thing. Actually being able to find it another. This is the sorry, sad, truly pathetic tale of the fall out of the closure of Lambeth County Court. I’m sorry for length, but hell, it has been a long, painful trip. In late 2015, the […]

Fitness for Habitation 2.0 – Q&A and call to arms

If you haven’t already heard, Karen Buck MP got fourth place in the 2017 ballot for private members bills. And she has taken this opportunity to bring forward a new version of the ‘Fitness for Habitation’ Bill that was filibustered in 2015 (and then was voted down as an amendment to the Housing and Planning […]

Subletting and defamation – a novel approach

There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value. Howell v South London Church Fund & Southwark Diocesan Board of Finance (2017) QBD […]

On the naughty step – Physician heal thyself edition

If Nearly Legal has a mantra, it is this: “Everyone should have a housing lawyer with them at all times”. Or, at the bare minimum, a landlord and tenant lawyer. We had taken the reasonableness of this to be self-evident. However, it seems even this basic safety net might not be enough. Meet Lewis Perry, […]

Warrant on Suspended order – What do you think?

Following the judgment in Cardiff City Council v Lee (2016) EWCA Civ 1034 (our report) and the subsequent appearance of new forms, at least for rent arrears suspended possession order cases, the Civil Procedure Rules Committee is having a consultation on “whether amendments are required to rules and forms in light of the Court of Appeal […]

One Million Pounds!

Diaz v Karim [2017] EWHC 595 (QB) The schedule of special damages – never straightforward. The belongings that had to be thrown out, or were taken and not returned. The difficulty in evidencing them, the difficulty in evidencing proof of purchase (who keeps receipts for years? Bank statements or card statements might identify a shop […]