Eviction ban in England to be extended.
As noted in the previous post, the Govt has announced that the ban on evictions in England will be extended to the end of March 2021. It was due to end on 22 February. The regulations putting this into...
View ArticleEviction stay and 6 months notice requirement extended
The Govt has today (10 March 2021) announced that the ban on bailiff evictions and the requirement for 6 months notice on Notices Seeking Possession (and Rent Act NTQs) will both be extend to 31 May...
View ArticleArrears, conduct and Tribunal discretion on RRO awards.
Awad v Hooley (2021) UKUT 55 (LC) This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here. The applicant tenant had had rent arrears at...
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A bundle of case notes
Brief notes on assorted cases of some interest that we haven’t otherwise covered. (Well, of interest to me. Other people may be interested in some or all of them. Covering possession, service charges,...
View ArticleAssortment – RROs, landlord compensated for delay to homeless application,...
A handful of brief notes of things of interest. 16 Cornwall Gardens, London, NW10 2QX – (2021) UKFTT LON_00AE_HMF_2020_0097 A First Tier Tribunal decision on an application for a rent repayment order...
View ArticleMixed nuts – assorted notes
Various notes, including the possession claim mediation pilot, a ‘no DSS’ discrimination case, a service charge payability case, and a finding on the requirements of a statutory Environmental...
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It is a Friday, so new regulations made – form 3/section 8 notice. It doesn’t...
Admittedly slightly earlier on a Friday than we have come to expect, but still on a Friday to come into force the next working day, come The Assured Tenancies and Agricultural Occupancies (Forms)...
View ArticleRent Repayment Order and legal costs
Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021) (FTT decision available here) This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a...
View ArticleLess Notice! More Forms! End of eviction ban!
I know, I know – it is a Wednesday, so you weren’t expecting new regulations and forms. Let alone a couple of weeks before they come into effect. But here they are! (For England only) The Govt...
View ArticleThe Inferno of the private rental sector
For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey...
View ArticleBanning Order? Simples.
LB Camden v 1) Simple Properties Management Ltd 2) Mr MIguel Cabeo Cespedes LON/00BA/HBA/2020/0011 (not on Bailii yet. Copy of decision here.) A banning order! One of – if we are being honest – far too...
View ArticleSmorgasbord: Updated s.21 flowchart, EPA prosecution costs and an...
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month ‘use it or lose it’ period) for section 21 notices...
View ArticleEPCs and pre 1 October 2015 tenancies
Minister v Hathaway & Anor (2021) EWCA Civ 936 A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to...
View ArticleA reasonable excuse defence to an RRO –‘they told me they’d tell me’
D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC) An Upper Tribunal appeal of a rent repayment order. Ms D’Costa was the owner of a...
View Article‘If you’re not too hot, we’re evicting you”
Last night, as housing law twitter (yes there is such a thing) did what it does, this tweet from @marieajparis definitely caught my attention My client applied to suspend a warrant yesterday afternoon,...
View ArticleBreathing Space for Wales? Extension of possession notices, restarting of...
We are grateful to Mike Norman of Harrow Law Centre for this update on the position on possession notices and proceedings in Wales. In many ways the latest updating Welsh regulations dealing with...
View ArticleCommitted to committal
Gunn & Launders v Khan (2020) EWCA Civ 1905 (Not on Bailii. Judgment on Westlaw. Only just come across it, via Legal Action) This was an appeal by the landlord, Saakib Khan, of an order sentencing...
View ArticleRROs – late payments, rent arrears and deposits considered by the Upper Tribunal
Kowalek v Hassanein Ltd (HOUSING – RENT REPAYMENT ORDER) (2021) UKUT 143 (LC) An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments...
View ArticleSurrender to the churn – deposits and shared houses.
Sturgiss & Anor v Boddy & Ors (2021) EW Misc 10 (CC) It is, as HHJ Luba QC notes in this appeal judgment, far from an uncommon scenario. A group of people, say four of them for neatness, take a...
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How to Rent and Easy Read – updates and issues.
Ah, the How to Rent Guide. Is there anything that would so predictably cause problems and yet has been so frequently messed up by MHCLG? The latest instalment of the saga goes like this. On 21 July...
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