Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the...
HMRC propose to fine tenants for not paying their landlord’s tax.
No, really. I'm not being melodramatic. Not all tenants, and not all landlords, granted, but that is exactly what HMRC say may be done. This is all about non-resident landlords, living overseas for more than 6 months a year. HMRC are (quite possibly rightly)...
Banned leader
Look, look! A banning order! I don't know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber) decision on...
Whose windows are these?
As should be well known, when it comes to landlord's repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the...
Job ads – Southwark and Shepherds Bush
Anthony Gold Solicitors Paralegal Anthony Gold has an exciting opportunity for a Housing, Landlord & Tenant paralegal to support a varied and interesting caseload, based at our Elephant & Castle office on a 24 month contract. The firm is a recognised...
In the county courts – succession, possession and warrants
Our thanks to the Housing: Recent Developments team in the July/August Legal Action for notes on these two cases. Lambeth LBC v Casey County Court at Clerkenwell and Shoreditch, 5 June 2019 Ms C had succeeded to the tenancy of a two bedroom flat. Lambeth...
Possession and licensing in Wales
Does failing to be licensed under The Housing (Wales) Act 2014 prevent a landlord from serving any notice seeking possession, or just a section 21 notice? That was the issue in a county court appeal in Evans & Evans v Jarvis, County Court at Swansea, 20...
We need to talk about claims farmers…
This is something I've been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. A justified...
Breach of PSED and consequences for possession
Forward v Aldwyck Housing Group Ltd (2019) EWCA Civ 1334 The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings. Mr F had an assured tenancy from Aldwyck. Soon...
Form 6A section 21 notice update
After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up. The form 6A has been replaced with the version in the...
Once bitten, twice (or thrice) shy
Moorjani & Ors v Durban Estates Ltd & Anor (2019) EWHC 1229 (TCC) (and also extempore judgment of 30 July 2019, on Lawtel). We have encountered Mr Moorjani before, successfully establishing that in disrepair claims, liability for loss of amenity...
Deja vu all over again
[Update 12 August 2019 - MHCLG have acknowledged that this was an error and have corrected the form 6A on the gov.uk page, with a note. So that form is OK to use again.] On 8 August 2019, MHCLG published an amended Form 6A section 21 notice on the...