Odds and Ends

Assorted updates. Right to Rent – the new criminal offence. The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 have been made and come into force on 1 December. The draft DCLG Guidance for the courts on the defence of taking steps to end a tenancy in a reasonable time is here. […]

Warrant on breach of SPO – permission required

We foreshadowed this appeal hearing here, and now we have the Court of Appeal judgment. And it is important. Cardiff City Council v Lee [2016] EWCA Civ 1034 The sole issue on the appeal was: can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to […]

Guest post – permission for warrants of possession?

This is a guest post by Michelle Caney and Nicholas Towers of St Ives Chambers. Anyone wanting to enforce possession orders should keep an eye on Cardiff County Council v Lee (Flowers), scheduled to be heard by the Court of Appeal on 18 or 19 October 2016, because the case could have significant implications for […]

Homeless eligibility amends and deposit discretions

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless […]

Weekend Miscellaneous

Various bits and pieces on subletting and homelessness. (Edited 15 September 2016 This post originally went into detail about an article on Property 118 setting out a Rent to Rent arrangement where the rent to rent tenant would have an assured shorthold tenancy with a ‘deed of assurance’ . The article author has acknowledged that […]

Landlords behaving badly

While the Magistrates Courts continue to hand out paltry fines to landlords on conviction for illegal eviction, despite the removal of the upper £5000 limit, it is good to see that the civil courts are capable of taking a more reasonable approach to quantum. The Housing:Recent Developments in the July/August 2016 Legal Action contains a […]

Council tax, periodic tenancies, and the end of L&T law avoided

We’ve seen the issue of who is liable for Council Tax when a tenant has left a property before the end of a periodic tenancy arise before. Here, the Upper Tribunal decided that a statutory periodic monthly tenancy following a 6 month fixed term did not amount to a ‘material interest’ of over six months such […]

Wrong warrants? Issues in N325 compliance

This is a guest post by Jonathan Holt of Garden Court North Chambers. GCN’s Jonathan Holt sets out below the background and detail to the recent emergence of a potential argument employable by those facing a warrant for possession, whether it be as the result of rent arrears or a failure to make mortgage payments. Background […]

Yes but No – Article 8 and the private sector

McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of […]

When is a deposit returned? Once more with confusion

Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. June 2015 (link is to our note). Yeomans v Newell, Canterbury County Court 25 May 2016 An assured tenancy was granted […]