From the County Courts – s.21 timing, breach of PSED

A couple of county court cases, with grateful thanks to Legal Action Housing: recent developments for reporting them.  (Link requires subscription. Of course you should be subscribing.) Majiyagbe v Singh and Sandhu, County Court at Central London, 30 August 2019 Mr Singh and Mr Sandhu granted Mr Majiyagbe an assured shorthold tenancy on 20 June 2011. The […]

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 May 2019 The Assured Tenancies and Agricultural Occupancies […]

Gas Safety and section 21 – late inspections

With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at Bromley. 25 July 2019 This was a set aside application of a possession […]

Troubles with TLAs – HMOs and EPCs

Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed requirements is – via s.2(1) The Assured Shorthold Tenancy Notices and Prescribed […]

Deposits – Better to give than to receive

Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express […]

When an ‘or’ is an ‘and’ in Wales

Evans v Fleri (2019) EW Misc 12 (CC) A lesson in drafting from Wales. The Housing (Wales) Act 2014 provides at Section 7(1) The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless – (a) the landlord is […]

No release from gas

Trecarrell House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations. That […]

You ain’t the boss of me (yet)

Barrow & Anoe v Kazim & Ors (2018) EWCA Civ 2414 When a section 21 notice is served, does the party serving it (or on whose behalf it is served) have to be the tenant’s landlord at that time? The situation in this second appeal was one that is now not unusual. The previous property owners […]

Autumn – mellow fruitfulness and new section 21 rules

When we reach 1 October 2018, provisions of the Deregulation Act 2015 come into force, affecting all assured shorthold tenancies that commenced before 1 October 2015. Quite what those provisions are is a bit complicated, and may yet be subject to further change, but this is what it currently looks like. What will happen is […]

How to Rent Guide – a bit of a snafu

There is a new version of the MHCLG ‘How to Rent Guide’ out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the course of this afternoon, after this post and others […]