‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 4th December 2024
Source: www.localgovernmentlawyer.co.uk
‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’
Nearly Legal, 20th October 2024
Source: nearlylegal.co.uk
‘This might be an issue with a limited life span, if the Renters’ Rights Bill comes into force in the first half of next year, as seems possible, but for now the vexed issue of gas safety certificates and the validity of section 21 notices rumbles on. The issue in this case was whether the GSCs served by the landlord were valid under Regulation 36(3)(c) of the Gas Safety (Installation and Use) Regulations 1998. There is also an address to the issue of whether a landlord needs to serve a GSC within 12 months of the previous inspection. Usual caveats apply – first instance County Court District Judge decision so not binding or precedent.’
Nearly Legal, 6th October 2024
Source: nearlylegal.co.uk
‘When are university and other protests impermissible? When ‘a protest turns into a base camp for criminal activity’, said Ritchie J on 19 June 2024, giving judgment in University of Birmingham v Persons Unknown (1) and Mariyah Ali (2) [2024] EWHC 1529 (KB). And while concerning a university, this is also relevant to local government.’
Law Society's Gazette, 19th September 2024
Source: www.lawgazette.co.uk
‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’
Local Government Lawyer, 13th September 2024
Source: www.localgovernmentlawyer.co.uk
‘Godagam & Edirisinghe v Hanson. Mayors & City of London County Court. 3 May 2024. A county court Circuit Judge judgment on a possession claim with disrepair and unfitness for human habitation counterclaim. Very interesting both as a relatively rare CJ decision on disrepair/fitness, and for the CJ’s viw on the appropriate approach to quantum for unfitness.’
Nearly Legal, 15th September 2024
Source: nearlylegal.co.uk
‘Joe Walker and Fred Groves provide an update on unauthorised pro-Palestinian protest encampments on university premises where many have refused to comply with demands to vacate.’
Local Government Lawyer, 13th September 2024
Source: www.localgovernmentlawyer.co.uk
‘The Renters’ Rights Bill was published today, Wednesday, and received first reading. It now looks set for second reading and progress through Parliament after the party conference season. Parliamentary time allowing, there is a good chance it will be an Act before the new year. This is particularly important to note for reasons that will become clear.’
Nearly Legal, 11th September 2024
Source: nearlylegal.co.uk
‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’
St Philips Barristers, 19th August 2024
Source: st-philips.com
‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’
St Philips Barristers, 17th July 2024
Source: st-philips.com
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’
Nearly Legal, 19th August 2024
Source: nearlylegal.co.uk
‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’
Nearly Legal, 13th August 2024
Source: nearlylegal.co.uk
‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’
The Guardian, 8th August 2024
Source: www.theguardian.com
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
‘Andy Moore reviews the tools available to tackle anti-social behaviour, considering in particular the grounds for possession that can be used to deal with serious public disorder.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘Katherine Traynor analyses a recent ruling that considere important questions of wider implication for possession proceedings concerning shared ownership leases.’
Local Government Lawyer, 9th July 2024
Source: www.localgovernmentlawyer.co.uk
‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’
Local Government Lawyer, 20th June 2024
Source: www.localgovernmentlawyer.co.uk
‘Sovereign Network Homes v Ms Vanessa East, Claim Number H01W1247 (13 May 2024, Central London County Court). This was a county court appeal of a first instance decision to allow an application to suspend a warrant, and vary a possession order, (Ms East had applied to set aside the possession order), obtained by Sovereign Network against its shared ownership lessee, Ms East.’
Nearly Legal, 3rd June 2024
Source: nearlylegal.co.uk
‘The Conservatives’ promise to abolish no-fault evictions before the election will not happen, sources have told the BBC.’
BBC News, 24th May 2024
Source: www.bbc.co.uk
‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’
Park Square Barristers, 2nd April 2024
Source: www.parksquarebarristers.co.uk
© Inner Temple Library 2024