McFail

Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. […]

John Healy saves the world*

*Not really. The current housing minister, who holds the current record for the number of times a housing minister’s name can be mentioned in a press release, has announced forthcoming legislation, in response to the Rugg report. More details here [link to PDF]. The announced headlines are as follows, then we’ll take a look at […]

Way beyond the Naughty Step

Some private landlords treat tenants as a nuisance. A sitting tenant can get in the way of a quick deal or reduce the value of a property on which the landlord is hoping to make a quick buck. Thanos Papalexis found himself in this situation when Charalambos Christodoulides, the resident caretaker of a derelict warehouse […]

"Unauthorised tenancies": New Consultation

I have found myself unaccountably lethargic post-lunch, so when the Chief put us on to the new DCLoG consultation document on “unauthorised tenancies” I jumped at the opportunity to post on it.  It’s a beautifully produced document with lots of pictures, about a small but immensely important issue: a borrower, in breach of the mortgage […]

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, […]

Tales from the pink campervan

The Tenants Services Authority (the new regulatory body for RSLs and, from April 2010, local authorities) has been holding a “national conversation” with tenants, touring round in a pink campervan amongst other engagement techniques. The outcome from that, and from broader regulatory conversations one suspects, is Building a New Regulatory Framework: A Discussion Paper. This […]

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.  […]

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 […]

Not another review …

Yes, it’s true, another review has been published, this time of the regulation and redress in the UK housing market. And yes, if you’re wondering, this was what the Law Commission did in their Issues paper on proportionate dispute resolution and further analysis. The author this time is Professor Colin Jones, whose biog does not […]

On the Naughty Step

Very firmly esconsed on the step are Sutton Estates, managing agents on Merseyside. These charmers came up with the idea of putting notice boards outside the homes of tenants in rent arrears, proclaiming it to be the home of a ‘rent dodger’. Sutton Estates believe this to be an effective and reasonable way of getting […]