HB means no gas or electricity

In the July edition of Legal Action’s housing reports is the otherwise unreported Salah v Munro Willesden County Court April 2009. This was a harassment and unlawful eviction case. Ms Salah began an assured shorthold tenancy of a room on 23 March 2008 for a 6 month fixed term. Ms S applied for HB which […]

Victory – Bjorge Lillelien style

Every now and then, a case comes to my attention which makes me causes me unimaginable joy. Redstone Mortgages Plc v Welch, Jackson & Jackson (Birmingham County Court, June 22, 2009, HHJ Worster) is one of those cases. It’s already attracted some media coverage and, with luck, might attract some more. It deserves to. I’ve […]

Foxtons' terms unfair

In a long awaited decision the High Court has held in Office of Fair Trading v Foxtons [2009] EWHC 1691 (Ch) that some of the terms and conditions contained in Foxtons’ contract with landlords were unfair. While strictly speaking this decision is unrelated to housing law, concerning as it does the fairness of consumer contracts, […]

Tenancy Deposit – variations on a theme

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters… Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor […]

Unlawful Eviction and Harassment quantum

The May edition of Legal Action’s housing updates contains a report on Khan v Iqbal, Bury County Court, 13 March 2009. Ms Khan was an assured shorthold tenant on rent of £650 pm. She lived with her children aged 15 and 12 She got into rent arrears. The landlord and his sons interrupted the electricity […]

Regulating renting proposals

I’m just in the process of marking what feels like thousands of coursework essays on proprietary estoppel and constructive trusts.  The thing that gets me – time for a rant – is that my very clever three As students can’t actually write a proper sentence, and split infinitives willy nilly.  It just winds me up.  […]

Emergency remedial action

In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT). 15-17 Chapel Street, Luton is (or was) consisted of a night club on the ground floor and 11 storeys of 13 […]

Green Paper "within 10 days"

It’s the little things in life which get me excited and, as a bit of a policy nerd on the side, it looks like a Green Paper is to be expected within 10 days if The Times is to be believed. I’d heard on the grapevine that the GP had been canned because they couldn’t […]

Tenancy Deposit – it gets worse

Hat tip to Tessa at Landlord Law for this. There are reports on various tenant/landlord forums of tenants losing Housing Act 2004 claims for 3x deposit on unprotected deposit/lack of notification cases where the landlord has returned the deposit to the tenant prior to hearing. Here’s an example. This approach relies on the wording of […]

Tenancy Deposit on 'Renewal of Tenancy'

Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times). This is a County Court case on the issue of ‘renewal’ of a tenancy that started before April 2007 and the introduction of the tenancy deposit rules. […]