This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case,...
A right without rights?
Just a quick note on an interesting point that came up for decision in Plant, R (on the application of) v Lambeth London Borough Council [2016] EWHC 3324 (Admin) This was a judicial review of Lambeth's decision (after a 'reconsultation' after Lambeth lost a...
We’re going to need another canto – 2016 roundup
"We to the place have come, where I have told thee Thou shalt behold the people dolorous Who have foregone the good of intellect." (canto 3) Midway between Christmas and new year, I found myself, fat and indolent, on the sofa, contemplating a year-end post....
Suspense surrounds suspended possession orders
Ever since Cardiff City Council v Lee [2016] EWCA Civ 1034 (our note), there has been a ferment and a gnashing of teeth amongst landlords, particularly social landlords, about the best way to deal with the 'new' requirement under CPR 83(2) to make an...
AirbnBreach – developments…
Things are hotting up on the Airbnb front. We've noted breach of lease issues here and here. Then there has been the big issue of massive and widespread breaches of the Greater London 'no short letting of whole for more than 90 days per calendar year without...
Don’t try this at home
Gibson v Douglas & Anor [2016] EWCA Civ 1266 In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977 Mr G had been living at Mrs D's property, which she also...
Rather too certain to be uncertain
Leeds City Council v Broadley [2016] EWCA Civ 1213 This was Leeds' second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the...
Private sector updates
Section 8 notice prescribed form The Govt has made The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule contains a new 'form 3' - the prescribed form of Section 8 Notice Seeking Possession....
A touch of sanity? Mandatory Pay to Stay gone away.
The Housing minister, Gavin Barwell, has today announced that the Government will not be pursuing the provisions in the Housing And Planning Act 2016 that implemented mandatory 'pay to stay' provisions for local authority tenants. Instead, it will be...
PRS enforcement corner
Three items relating to PRS licensing/HMO regulations and property management enforcement, with some added harassment of tenants thrown in. Thanks to Dean Underwood at Cornerstone for news of this Magistrates Court case. London Borough of Waltham Forest v...
With and without foundation – Bedroom tax in Supreme Court
MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on...
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...