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 […]

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 […]

The End of Section 21

I’d suggest sitting down before you read this. The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has announced/is to announce depending on when you read this, that the Government is to abolish section 21. Honest. Really. Truly. Feel free to take a moment. I found out on Friday, under embargo, and […]

U Can’t Do This*

This is another in what turns out to be an occasional series of unregulated, unqualified ‘Evictions R Us’ outfits making catastrophic errors and costing their clients large amounts of money. You may recall Kassam v Gill & Gill, featuring ‘Remove a Tenant’. Now we have another example. Ojo & Opaleye v McAuliffe, County Court at […]

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 […]