Dwelling in temporary accommodation

Dacorum Borough Council v Bucknall (aka Acheampong) [2017] EWHC 2094 (QB) When is temporary accommodation provided under the Housing Act 1996 Section 193(2) duty occupied ‘as a dwelling’ fo the purposes of Section 3 Protection from Eviction Act 1977? We know from R (N) v Lewisham London Borough Council [2015] AC 1259 (our report) that section […]

Illegal subletting – an ‘elaborate farrago of lies’

Poplar Housing & Regeneration Community Association Ltd v Begum & Ors [2017] EWHC 2040 (QB) We are no fans of illegal subletting of social housing here at NL. So here is an appeal by the landlord of a county court decision to grant a suspended possession order (and no unlawful profit order) on a illegal […]

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 […]

Northern Waters

Rochdale Boroughwide Housing Ltd v Izevbigie (2017) EWHC 790 (CH) (not on Bailii yet, Judgment is here) Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The […]

Water and youth

Not, I hasten to make clear, a Daily Mail style piece on the health giving properties of drinking expensive water, but a couple of quick notes. First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the […]

… don’t live here anymore

Dove v London Borough of Havering [2017] EWCA Civ 156 This was an appeal of a possession order made against the joint (formerly secure) tenants on the ground of non-occupation as primary or only home, and also serious rent arrears. Both the Ms Dove (twin sisters), appealed. Following an inspection in September 2010, Havering decided that […]

Erratum – s.21 flowchart

I am surprised it had not happened sooner, because there had to be some, but today someone spotted an error in the section 21 notice flowchart – specifically in the end-note about s.21(4)(a) notices for tenancies that were periodic from the outset. A corrected flowchart is now available here. All other reports of errors gratefully […]

Greenwich has problems with water

The ramifications of Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report) rumble on. Following the finding that Southwark were a water reseller for the purposes of The Water Resale Order 2006 in adding water rates to the tenants’ rent, it is not a surprise that attention has turned to other councils (and housing associations) […]

It ain’t what you do, but the way that you do it – property guardians & ‘licences’

(1) Camelot Property Management Ltd, (2) Camelot Guardian Management Ltd v Greg Roynon. County Court at Bristol, 24 February 2017 (copy of Judgment) We’ve noted the issues bubbling away between Camelot and property guardians in Bristol (here, and here), and now we have a judgment – on a preliminary issue, but a judgment nonetheless – […]

Failings and functions

BBC News reported on the effect of the Retaliatory Eviction provisions in the Deregulation Act, some 16 months on. A large scale FOI request produced the result that only 19% of councils had recorded stopping even 1 retaliatory eviction through service of an Improvement Notice or Emergency Remedial Action Notice. This does not come as […]