All out of Proportion

We saw the case of McDonald v McDonald through the Court of Appeal and the Supreme Court. The Supreme Court found that as between private parties, there was no right to a proportionality review of eviction under the Section 21 possession claim procedure. Now, in FJM v United Kingdom, App No 76202/16, 29 November 2018, the European […]

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 […]

I can serve this only once – gas safety certificates

Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (Now with approved transcript of judgment) First our thanks to Matthew Cannings of 3 Paper Buildings for note of judgment and Richard Cherry of 33 Bedford Row for details (counsel for appellant and respondent, respectively). This was an appeal to a circuit […]

Doing the same thing all over again

Walcott v Jones & Jones. Central London County Court, 15 November 2017 (Not on Bailii. A note on Lawtel) A county court appeal, on an issue that quite a few (though mostly not practitioners) have raised with me elsewhere. Does a periodic tenancy count as being repeatedly ‘renewed/granted’? Ms W was the landlord of the […]

Accelerated but longer

HMCTS have released a new N5B claim form – the claim form for accelerated possession proceedings after service of a section 21 notice. The new form (finally?!) takes into account all of the post 1 October 2015 changes to the validity of a section 21 notice. The new form  requires the landlord to complete confirmations […]

Putting section 21 right – again.

Just a quick note to record that The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 have been made. The only purpose of these regulations is to address the mess that had been made of the prescribed section 21 notice included in the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) […]

1 October 2015 – section 21 day

[Update 29/09/2015. New regulations correcting the obvious errors in the new prescribed section 21 notice have now been made. See here.] On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21 notice on an assured shorthold tenancy (in England). There are some sensible […]