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...
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...
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...
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....
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...
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....
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...
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...
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...
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...
‘How to rent’ Guide updated – important for all PRS landlords and tenants
A quick note to highlight that the MHCLG 'How to rent' booklet was updated on 17 January 2018. Apparently this was just to remove references to the 'London Rental Standard'. However, this is still important. For all new assured shorthold tenancies, the...
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...