‘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
‘Bailiffs are evicting more renting households than at any time in the last six years, the Ministry of Justice has said, as protesters chanted for rent controls outside the HQ of Britain’s biggest listed private landlord.’
The Guardian, 16th May 2024
Source: www.theguardian.com
‘Bano, R (On the Application Of) v London Borough of Waltham Forest (2024) EWHC 654 (Admin). Waltham Forest owed Ms Bano the full housing duty. In June 2020, WF made an offer of a private sector tenancy in Derby. Ms Bano refused the offer as unsuitable. In disputed evidence, it was said that Ms Bano’s daughter made a review request by WhatsApp on 14 June 2020. WF sent a cancellation of temporary accommodation letter on 19 August 2020. Solicitors for Ms Bano made a request for a review in September 2020, which WF refused as out of time.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’
Nearly Legal, 6th May 2024
Source: nearlylegal.co.uk
‘Islington Council has been ordered to pay costs after the dismissal of possession proceedings it brought against a tenant that the council did not consider was in a homosexual relationship with the former tenant, who had passed away.’
Local Government Lawyer, 11th April 2024
Source: www.localgovernmentlawyer.co.uk
‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’
Nearly Legal, 24th March 2024
Source: nearlylegal.co.uk
‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’
Nearly Legal, 3rd March 2024
Source: nearlylegal.co.uk
‘Ministers are consulting backbench Tory MPs on watering down planned protections for renters in England.’
BBC News, 28 February 2024
Source: www.bbc.co.uk
‘Morgan v Business Mortgage Finance 5 Plc (2024) EWHC 309 (KB). This was a High Court hearing of an ex parte application for an “emergency injunction” to stay an eviction (amongst other things).’
Nearly Legal, 25th February 2024
Source: nearlylegal.co.uk
‘Willott, R (On the Application Of) v Eastbourne Borough Council (2024) EWHC 113 (Admin). A judicial review of Eastbourne’s allocation policy and of Eastbourne’s decision to exclude Ms Willott from joining the housing register on grounds of “serious anti social behaviour.”’
Nearly Legal, 18th February 2024
Source: nearlylegal.co.uk
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